Adberykat Pty Ltd T/A Mechpro Solutions AU

[2024] FWCA 2853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Adberykat Pty Ltd T/A Mechpro Solutions AU

(AG2024/2651)

AMWU & MECHPRO SOLUTIONS-AU GEELONG AREA AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 2 AUGUST 2024

Application for approval of the AMWU & Mechpro Solutions-AU Geelong Area Agreement 2023-2026

An application has been made for approval of a greenfields agreement known as the AMWU & Mechpro Solutions-AU Geelong Area Agreement 2023-2026 (the Agreement). The application was made by Adberykat Pty Ltd T/A Mechpro Solutions AU, pursuant to s.185 of the Fair Work Act 2009 (Act).

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 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 work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

Adberykat Pty Ltd, trading as Mechpro Solutions AU, brought an application before the Fair Work Commission for the approval of a workplace agreement titled the AMWU & Mechpro Solutions-AU Geelong Area Agreement 2023-2026. The agreement was entered into between the employer and the Australian Manufacturing Workers’ Union, aiming to set out the terms and conditions of employment for employees in the Geelong area. The application for approval was contested by the union, which raised concerns about certain provisions within the agreement.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the union argued that certain provisions of the agreement did not meet the criteria for an enterprise agreement as outlined in the Act. These provisions included those relating to pay rates, hours of work, and other employment conditions. The Commission needed to determine whether these provisions were consistent with the Act, ensuring that they did not undermine the rights and protections afforded to employees under the national workplace relations system.

In examining the provisions, the Commission considered the nature and scope of the agreement, the process by which it was negotiated, and the specific terms of the agreement itself. The Commission found that the majority of the agreement was in compliance with the Act, addressing the appropriate matters and ensuring that it met the requirements for a valid enterprise agreement. However, the Commission did identify certain clauses that required modification to meet the legislative standards. After negotiations and amendments, the Commission was satisfied that the agreement met all necessary requirements and approved the AMWU & Mechpro Solutions-AU Geelong Area Agreement 2023-2026, subject to the agreed amendments. The Commission's decision ensures that the agreement provides a fair and reasonable framework for the employment of workers in the Geelong area, balancing the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established