All Engineering Services Pty Ltd Summary

[2022] FWCA 1846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Engineering Services Pty Ltd

(AG2022/1629)

All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JUNE 2022

Application for approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2022

All Engineering Services Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 26 May 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, All Engineering Services Pty Ltd, applied for the approval of the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2022. The respondent, the Electrical Trades Union of Australia, opposed the application on the basis that the agreement did not comply with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the enterprise agreement was a lawful agreement and whether it should be approved.

The central legal issue before the Commission was whether the enterprise agreement met the statutory criteria for approval under the Fair Work Act. This involved examining whether the agreement had been made in good faith and without coercion, and whether it contained the required minimum terms and conditions of employment. Additionally, the Commission had to consider whether the agreement provided for proper dispute resolution mechanisms and whether it complied with any relevant award or registered agreement.

The Commission found that the enterprise agreement had been made in good faith and without coercion. It determined that the agreement contained the required minimum terms and conditions and that it provided for proper dispute resolution mechanisms. The Commission also found that the agreement did not contradict any relevant award or registered agreement. Given these findings, the Commission concluded that the agreement should be approved.

Accordingly, the Fair Work Commission approved the All Engineering Services Pty Ltd (Lambton & Tomago Sites) Enterprise Agreement 2022. The agreement was deemed to be a lawful agreement and was registered with the Fair Work Commission. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

All Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established