DECISION

Fair Work Act 2009
s.185—Enterprise agreement

3 Point Engineering Pty Ltd
(AG2018/1139)

3 POINT ENGINEERING PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 MAY 2018

Application for approval of the 3 Point Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the 3 Point Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 3 Point Engineering Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 May 2018 and, in accordance with s.54, will operate from 25 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

3 Point Engineering Pty Ltd is the applicant before the Federal Circuit and Family Court of Australia in an application for the approval of an enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) is the employer representative. The dispute involves the terms and conditions of employment for employees working under the proposed agreement. The court was tasked with determining whether the agreement complied with the necessary statutory requirements under the Fair Work Act 2009. This includes assessing whether the agreement was made in good faith, whether it contained the necessary provisions, and whether it met the requirements for being a simple, low-risk, or high-risk agreement.

The court examined the content of the proposed agreement, ensuring that it included all mandatory terms and conditions, and that it did not include any provisions that would be contrary to public policy or be oppressive to employees. The court also considered whether the agreement was made in good faith and whether the necessary procedural fairness was observed in its creation. Given the agreement's classification as a low-risk agreement, the court applied the relevant statutory criteria to assess its compliance. The court's reasoning was grounded in a detailed analysis of the agreement's provisions and the evidence presented by both parties.

After thorough consideration, the court found that the 3 Point Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 met all the necessary statutory requirements for approval. The court was satisfied that the agreement was made in good faith, contained all mandatory terms and conditions, and complied with the relevant legislative framework. The court approved the agreement, recognising it as a valid and enforceable enterprise agreement under the Fair Work Act 2009.

3 Point Engineering 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