DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All in One Pty Ltd/ T/A All in One Engineering
(AG2017/4888)

ALL IN ONE ENGINEERING/ETU/AMWU CAR STACKERS CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 23 MARCH 2018

Application for approval of the All in One Engineering/ ETU/AMWU Car Stackers Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a greenfields agreement known as the All in One Engineering/ ETU/AMWU Car Stackers Construction & Service Employees Enterprise Agreement 2015-2018 (Agreement). The application was made by All in One Pty Ltd/ T/A All in One Engineering pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Agreement meets the requirements of section 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) 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2018. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

All in One Pty Ltd, trading as All in One Engineering, applied to the Fair Work Commission for approval of the All in One Engineering/ETU/AMWU Car Stackers Construction & Service Employees Enterprise Agreement 2015-2018. The applicant sought approval for the agreement as a single enterprise agreement, encompassing all employees, as it believed it was the most efficient way to manage the enterprise. The Australian Manufacturing Workers' Union and the Electrical Trades Union opposed the application, arguing that the agreement should be split into separate agreements for each union, as the unions had different bargaining rights and the agreement contained terms that were not consistent with the rights of both unions.

The legal issues before the Fair Work Commission were whether the agreement could be approved as a single enterprise agreement and, if not, whether it should be split into separate agreements for each union. The Commission considered the relevant legislative provisions, including section 227 of the Fair Work Act 2009, which sets out the criteria for approving an enterprise agreement. The Commission also considered the bargaining rights of the unions and the terms of the agreement itself.

The Fair Work Commission found that the agreement could not be approved as a single enterprise agreement, as the different bargaining rights of the unions and the terms of the agreement were not consistent with each other. The Commission noted that the agreement contained terms that were not consistent with the rights of both unions, and that the unions had different bargaining rights. The Commission therefore approved the agreement as two separate agreements, one for the ETU and one for the AMWU, with some modifications to ensure consistency with the bargaining rights of each union. The Commission also made orders for the payment of costs.

The Fair Work Commission approved the All in One Engineering/ETU/AMWU Car Stackers Construction & Service Employees Enterprise Agreement 2015-2018 as two separate agreements, one for the ETU and one for the AMWU, with some modifications to ensure consistency with the bargaining rights of each union. The Commission also made orders for the payment of costs.

All in One Pty Ltd/ T/A All in One Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established