Amec Industries (Vic) Pty Ltd Summary

[2013] FWCA 4160

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amec Industries (Vic) Pty Ltd
(AG2013/7083)

AMEC INDUSTRIES (VIC) PTY LTD AND CFMEU MECHANICAL POWER INDUSTRY ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 JUNE 2013

Application for approval of the Amec Industries (Vic) Pty Ltd and CFMEU Mechanical Power Industry Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Amec Industries (Vic) Pty Ltd and CFMEU Mechanical Power Industry Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Amec Industries (Vic) Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union (CFMEU), the employee organisation to be covered by the agreement, 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.

[4] An undertaking has been given in relation to sub-clauses 24.2 and 24.9 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 3 July 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Amec Industries (Vic) Pty Ltd applied to the Fair Work Commission for the approval of the Amec Industries (Vic) Pty Ltd and CFMEU Mechanical Power Industry Enterprise Agreement 2012. The dispute centred on whether the agreement met the criteria set out in the Fair Work Act 2009, particularly regarding its compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission had to determine if the agreement was made in good faith and if it was suitable for the employees covered by it.

The legal issues that the Commission needed to address included whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and if it complied with the procedural requirements for registration. The Commission examined the bargaining process, the content of the agreement, and the parties' adherence to the legislative framework.

The Commission concluded that the agreement met all the statutory requirements for approval. It found that the agreement was made in good faith and contained all the minimum terms and conditions as mandated by the Fair Work Act. Additionally, the Commission was satisfied that the registration process was conducted properly, and the agreement was suitable for the employees it covered. Consequently, the Commission approved the agreement.

The Commission's final orders included the approval of the Amec Industries (Vic) Pty Ltd and CFMEU Mechanical Power Industry Enterprise Agreement 2012, subject to the terms and conditions outlined in the agreement. The approval was effective from the date of the Commission's decision, ensuring that the agreement would govern the employment conditions of the employees covered by it.

Amec Industries (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established