AGC Industries Pty Ltd Summary

[2014] FWCA 8002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AGC Industries Pty Ltd
(AG2014/9611)

AGC INDUSTRIES PTY LTD AUSTRALIAN MARINE COMPLEX (AMC) FABRICATION FACILITY (AMWU) AGREEMENT 2014 - 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 11 NOVEMBER 2014

Application for approval of the AGC Industries Pty Ltd Australian Marine Complex (AMC) Fabrication Facility (AMWU) Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the AGC Industries Pty Ltd Australian Marine Complex (AMC) Fabrication Facility (AMWU) Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AGC Industries 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] 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.

[4] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 17 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AGC Industries Pty Ltd applied to the Fair Work Commission for approval of the AGC Industries Pty Ltd Australian Marine Complex (AMC) Fabrication Facility (AMWU) Agreement 2014-2015. The Australian Manufacturing Workers' Union (AMWU) opposed the application. The AMWU argued that the agreement did not meet the requirements of the Fair Work Act 2009 because it did not cover all employees, and it did not provide for minimum wage and penalty rate entitlements. The Commission was required to decide whether the agreement was a simple, single-employer agreement and whether it provided for minimum wage rates and penalty rates.

The Commission found that the agreement was a simple, single-employer agreement as it covered employees who were employed by AGC Industries Pty Ltd and who were members of the AMWU. The Commission also found that the agreement provided for minimum wage rates and penalty rates, as required by section 178 of the Fair Work Act 2009. The Commission approved the agreement.

The Commission found that the agreement was a simple, single-employer agreement as it covered employees who were employed by AGC Industries Pty Ltd and who were members of the AMWU. The Commission also found that the agreement provided for minimum wage rates and penalty rates, as required by section 178 of the Fair Work Act 2009. The Commission approved the agreement because it was a simple, single-employer agreement, and it provided for minimum wage rates and penalty rates. The Commission made an order approving the agreement.

AGC Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established