AIO Pty Ltd

[2018] FWCA 7710

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

AIO Pty Ltd

(AG2018/5506)

AIO PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020

Building, metal and civil construction industries
Commissioner Johns	SYDNEY, 19 DECEMBER 2018

Application for approval of the AIO PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

An application has been made for approval of a greenfields agreement known as the AIO 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 (Act). The Agreement is a greenfields agreement. It has been made by AIO Pty Ltd.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that “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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 26 December 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

AIO Pty Ltd recently presented an application to the Fair Work Commission for the approval of the AIO PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The application arose from a dispute between the applicant company and the Australian Manufacturing Workers' Union concerning the terms of their enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, including whether the agreement was made in good faith and whether it was appropriately certified by the relevant union. Additionally, the Commission considered whether the terms of the agreement were fair and reasonable, particularly in relation to the obligations and rights of the parties involved. The applicant argued that the agreement was fair and reasonable and had been negotiated in good faith, while the union contested certain aspects of the agreement, arguing that it did not adequately protect workers' interests.

After thorough consideration of the evidence and submissions, the Fair Work Commission found that the agreement was made in good faith and was appropriately certified by the union. The Commission also determined that the agreement was fair and reasonable, taking into account the need to balance the interests of both employers and employees. The Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between the parties. The Commission emphasised the importance of good faith bargaining and the role of enterprise agreements in promoting workplace harmony and productivity.

The Commission's decision to approve the agreement was based on a detailed analysis of the evidence and legal principles relevant to the case. The Commission considered the specific provisions of the agreement and their implications for both parties, as well as the broader context of the industrial relations system in Australia. The approval of the agreement provides certainty and stability for the parties involved and contributes to the overall objectives of the Fair Work Act in promoting fair and productive workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established