Amec Services Pty Ltd

[2014] FWCA 824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Amec Services Pty Ltd
(AG2014/3480)

AMEC SERVICES PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS WORKPLACE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 FEBRUARY 2014

Application for approval of the AMEC Services Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMEC Services Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Amec Services Pty Ltd applied for the approval of the AMEC Services Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2013 - 2016. The agreement was submitted to the Fair Work Commission (FWC) for approval under section 232 of the Fair Work Act 2009. The applicant was seeking to have the agreement approved as a registered agreement. The applicant argued that the agreement was not discriminatory and met the requirements of the Act. The applicant submitted that the agreement was in the best interests of the employees and the business, and that it was a genuine agreement reached through good faith bargaining. The dispute was heard by Deputy President W Long in the FWC.

The legal issues before the FWC were whether the agreement was a genuine agreement, whether it was not discriminatory, and whether it was in the best interests of the employees and the business. The FWC had to consider the evidence and submissions from both parties and assess whether the agreement met the criteria for approval under the Fair Work Act. The FWC also had to consider the principles of good faith bargaining and the need for a fair and equitable outcome for both parties.

The FWC found that the agreement was a genuine agreement, as it was the result of good faith bargaining between the parties. The FWC also found that the agreement was not discriminatory and met the requirements of the Act. The FWC was satisfied that the agreement was in the best interests of the employees and the business, and that it was a fair and reasonable agreement. The FWC approved the agreement and made an order under section 233 of the Fair Work Act that the agreement be registered as a registered agreement.

The FWC approved the AMEC Services Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2013 - 2016 and registered it as a registered agreement. The agreement will now be in effect until it is terminated or replaced by a new agreement. The parties are now bound by the terms of the agreement, and any disputes arising from the agreement will be governed by the Fair Work Act and the terms of the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established