Acer Fabrications Pty Ltd

[2021] FWCA 6302

[2021] FWCA 6302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Acer Fabrications Pty Ltd
(AG2021/7751)

AMWU & ACER FABRICATIONS PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 OCTOBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Acer Fabrications Pty Ltd Metal Engineering On-Site Construction Agreement 2020 – 2023 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Application by Acer Fabrications Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

[2] The matter was allocated to my Chambers on 13 October 2021.

[3] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

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

[6] On 13 October 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows: 

•  Chambers sought lodgement of an amended Agreement signature page and amended Form F20 signature page with a compliant employer signature.

•  Submissions were sought regarding the dispute resolution term at clause 33.1.1 of the Agreement to ensure it was compliant with s186(6) of the Act.

•  Clause 41 regarding personal/carer’s leave accrual was inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 7.7 of the Agreement is deemed to resolve this NES inconsistency identified in the Agreement.

•  Chambers sought clarification as to whether the employer plans to engage trainees/apprentices during the life of this agreement and if so to ensure that all employees are better off overall. The parties confirmed that trainees/apprentices will not be employed over the life of the Agreement.

[7] 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.

[8] I am satisfied that it is in the public interest to approve the Agreement.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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