Workforce Road Services Pty Ltd T/A Workforce Summary

[2014] FWCA 5659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Workforce Road Services Pty Ltd T/A Workforce
(AG2014/1930)

WORKFORCE ROAD SERVICES PTY LTD AND THE AWU ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2014

Application for approval of the Workforce Road Services Pty Ltd and the AWU Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Workforce Road Services Pty Ltd and the AWU Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce Road Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 4 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Road Services Pty Ltd, trading as Workforce, applied for the approval of the AWU Enterprise Agreement 2014-2018, a collective agreement between the employer and the Australian Workers’ Union. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement was in the interests of the employees and complied with the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a genuine bargain, if it contained terms that were necessary to protect the employees, and if the agreement was in the best interests of the workforce. Additionally, the Commission had to consider whether the agreement contained provisions that were unfair, as well as whether it complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the agreement was a genuine bargain, as it was entered into voluntarily by both parties without any duress. The Commission also determined that the agreement contained terms necessary to protect the employees, and that it was in their best interests. The Commission found that there were no unfair provisions in the agreement and that it complied with the requirements of the Fair Work Act. Therefore, the application for approval was granted.

The Fair Work Commission approved the AWU Enterprise Agreement 2014-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to all employees covered by the agreement. The decision was final and binding, and neither party could challenge it further.

Workforce Road Services Pty Ltd T/A Workforce

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established