DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All In One Contracting Pty Ltd
(AG2016/1041)

ALL IN ONE CONTRACTING PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 MAY 2016

Application for approval of the ALL IN ONE CONTRACTING PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the ALL IN ONE CONTRACTING PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the All In One Contracting Pty Ltd.

[2] 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 (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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All In One Contracting Pty Ltd sought approval of the All In One Contracting Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. The applicant, a small construction company, entered into an enterprise agreement with the Australian Manufacturing Workers' Union, aiming to regulate employment conditions. The Federal Court was tasked with determining the fairness and appropriateness of the agreement under the Fair Work Act 2009.

The court's role was to assess whether the agreement was free from coercion, contained appropriate dispute resolution provisions, and was beneficial for the employees. The applicant argued that the agreement was fair and suitable for the workers. The union supported the agreement, highlighting its benefits, while no other party contested the fairness of the agreement. The primary issue was to ensure the agreement met the statutory requirements for approval.

The court found the agreement to be fair and appropriate, considering the evidence presented. It determined that the agreement was not coerced, contained suitable dispute resolution mechanisms, and provided benefits to the employees. The court emphasised the importance of ensuring that the agreement was made without any undue influence and that it adequately protected the interests of the employees. The agreement was approved as it met all the necessary statutory criteria.

The court ordered the approval of the All In One Contracting Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. The agreement was deemed to be fair and appropriate, and it was registered under the Fair Work Act 2009. This decision affirmed the agreement's validity, allowing it to take effect as a legally binding contract between the parties.

All In One Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established