DECISION

Fair Work Act 2009
s.185—Enterprise agreement

3PE Engineering Pty Ltd
(AG2021/4232)

AMWU & 3PE ENGINEERING PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 APRIL 2021

Application for approval of the AMWU & 3PE Engineering Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & 3PE Engineering Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made by 3PE Engineering Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of 3PE Engineering Pty Ltd, the Fair Work Commission was presented with an application for the approval of a Metal Engineering On-Site Construction Agreement between the Australian Manufacturing Workers' Union (AMWU) and 3PE Engineering Pty Ltd, covering the period 2020 to 2023. The AMWU sought the Commission's approval of the agreement, which aimed to set out the terms and conditions of employment for workers engaged in metal engineering on-site construction projects.

The central legal issue before the Commission was whether the agreement was consistent with the requirements set out in the Fair Work Act 2009, and whether it provided for a fair and efficient workplace. This included assessing whether the agreement adequately protected the rights of employees and employers, and whether it facilitated effective industrial relations within the industry. The Commission also considered the need for the agreement to be sufficiently flexible to accommodate the unique demands of the on-site construction environment, while also ensuring that the rights and obligations of both parties were clearly defined.

After reviewing the application and hearing submissions from both the AMWU and 3PE Engineering, the Commission determined that the Metal Engineering On-Site Construction Agreement was consistent with the provisions of the Fair Work Act and met the criteria for approval. The Commission found that the agreement provided for fair and efficient workplace arrangements, with appropriate protections for employees and clear obligations for employers. Furthermore, the agreement was deemed sufficiently flexible to accommodate the unique demands of the on-site construction environment, while still ensuring that the rights and obligations of both parties were adequately defined.

The Commission approved the Metal Engineering On-Site Construction Agreement 2020 - 2023, effective from 1 July 2020. This decision provides a clear framework for the relationship between the AMWU and 3PE Engineering in the metal engineering on-site construction industry, and sets the terms and conditions of employment for workers engaged in these projects. This outcome ensures that the rights and obligations of both employees and employers are protected, while also facilitating effective industrial relations within the industry.

3PE 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