DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aplus Steel Fabrication Pty Ltd
(AG2019/1626)

APLUS STEEL FABRICATION PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2019

Application for approval of the APLUS STEEL FABRICATION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the APLUS STEEL FABRICATION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aplus Steel Fabrication Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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) 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 6 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Aplus Steel Fabrication Pty Ltd, sought approval for the APLUS STEEL FABRICATION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 from the Fair Work Commission. The Australian Manufacturing Workers' Union contested the application, arguing the agreement was not in the best interests of the employees. The case was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement should be approved and registered as a green field agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether the agreement was in the best interests of the employees. The Commission examined whether the agreement provided for fair and reasonable terms and conditions, including wages and other entitlements, and whether it would benefit the employees. The applicant argued that the agreement provided for fair and reasonable terms, while the union contended that the agreement did not adequately protect the employees' interests.

The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the industry and the parties' bargaining positions. The Commission was satisfied that the agreement was in the best interests of the employees, considering the benefits it provided, such as improved wages and working conditions. The Commission approved and registered the agreement as a green field agreement, recognising the need for tailored agreements in the metal engineering on-site construction industry.

The Fair Work Commission approved the APLUS STEEL FABRICATION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, registering it as a green field agreement. The Commission found that the agreement provided fair and reasonable terms and conditions and was in the best interests of the employees. This decision sets a precedent for similar agreements in the metal engineering on-site construction industry, recognising the need for industry-specific agreements.

Aplus Steel Fabrication 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