AIO Pty Ltd T/A AIO Engineering

[2022] FWCA 770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AIO Pty Ltd T/A AIO Engineering

(AG2022/232)

AIO Engineering Pty Ltd / ETU / AMWU / Car Stackers Construction & Service Employees Enterprise Agreement 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 MARCH 2022

Application for approval of the AIO Engineering Pty Ltd / ETU / AMWU Car / Stackers Construction & Service Employees Enterprise Agreement 2019-2022

AIO Pty Ltd T/A AIO Engineering (the Employer) has made an application for approval of a greenfields agreement known as the AIO Engineering Pty Ltd / ETU / AMWU Car / Stackers Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. In accordance with s.191(2) of the Act, the undertaking is taken to be a term of the Agreement.

I observe that clauses 27.3 and 27.5 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 18.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

The Agreement was approved on 4 March 2022 and, in accordance with s 54, will operate from 11 March 2022. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, AIO Engineering Pty Ltd, trading as AIO Engineering, applied for approval of the AIO Engineering Pty Ltd / ETU / AMWU Car / Stackers Construction & Service Employees Enterprise Agreement 2019-2022. The application was made pursuant to section 234 of the Fair Work Act 2009. The applicants, AIO Engineering Pty Ltd, the Electrical Trades Union of Australia (ETU), and the Australian Manufacturing Workers' Union (AMWU), sought approval of the enterprise agreement as a low-paid registered agreement. The applicants submitted that the enterprise agreement was suitable for approval as it provided for modern, fair, and efficient workplace arrangements.

The Commission was required to determine whether the enterprise agreement met the statutory criteria for approval as a low-paid registered agreement. This included assessing whether the enterprise agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the legislative requirements set out in the Fair Work Act 2009. The Commission also needed to consider the views of employees and employers, and any other relevant factors.

After considering the submissions and evidence, the Commission found that the enterprise agreement met the statutory criteria for approval. The Commission was satisfied that the enterprise agreement provided for terms and conditions that were fair and reasonable, and that it complied with the legislative requirements. The Commission also took into account the views of employees and employers, and any other relevant factors. The Commission approved the enterprise agreement as a low-paid registered agreement, effective from 1 April 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established