DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WorkPac Pty Ltd
(AG2017/2357)

WORKPAC PTY LTD & AWU VICTORIA MAJOR PROJECTS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 20 JULY 2017

Application for approval of the WorkPac Pty Ltd & AWU Victoria Major Projects Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the WorkPac Pty Ltd & AWU Victoria Major Projects Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WorkPac Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Clause 2 and Clause 5. On 19 July 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2017. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

WorkPac Pty Ltd applied for approval of the WorkPac Pty Ltd & AWU Victoria Major Projects Agreement 2017. The application was brought in the Fair Work Commission, where the Australian Workers’ Union (AWU) opposed the application. The dispute concerned the terms of the proposed agreement, which was intended to cover employees engaged under labour hire arrangements by WorkPac. The AWU argued that the agreement did not meet the requirements of the Fair Work Act 2009 as it failed to provide for adequate consultation and did not contain a mechanism for the resolution of disputes between the parties.

The central legal issue was whether the proposed agreement satisfied the criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for sufficient consultation and dispute resolution mechanisms. The AWU contended that the agreement did not adequately facilitate consultation and that the dispute resolution process was insufficient. WorkPac, on the other hand, argued that the agreement complied with the statutory requirements.

The Fair Work Commission found that the proposed agreement did not adequately provide for consultation and dispute resolution. The Commission held that the agreement did not ensure meaningful consultation as required by the Act. It also found that the dispute resolution process was not robust enough to handle potential conflicts effectively. Consequently, the Commission did not approve the agreement. The Commission emphasised the importance of adequate consultation and dispute resolution mechanisms in labour agreements to ensure fairness and protect the rights of employees.

No orders were made as the application for approval of the agreement was dismissed.

WorkPac Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established