DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Architectural Metal Specialists Pty Ltd
(AG2020/4089)

AMWU & ARCHITECTURAL METAL SPECIALISTS PTY LTD & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 JANUARY 2021

Application for approval of AMWU and the Architectural Metal Specialists Pty Ltd & Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & ARCHITECTURAL METAL SPECIALISTS PTY LTD & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Architectural Metal Specialists Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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, 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 was approved on 19 January 2021 and, in accordance with s.54, will operate from 26 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between the Australian Manufacturing Workers' Union (AMWU) and Architectural Metal Specialists Pty Ltd concerning the approval of the AMWU and the Architectural Metal Specialists Pty Ltd & Engineering On-Site Construction Agreement 2020 - 2023. The AMWU sought the court's approval of the agreement, which outlined the terms of employment for workers within the specified period.

The primary legal issues for the court to address were whether the agreement was fair and reasonable, and if it met the statutory requirements for approval under the relevant industrial legislation. The court was tasked with assessing the provisions of the agreement, including wages, conditions, and other employment terms, to determine if they were just and equitable for both parties. The court also had to consider whether the agreement complied with all applicable laws and regulations.

The court carefully examined the provisions of the agreement and concluded that it was fair and reasonable. The court found that the terms and conditions of the agreement were just and equitable, taking into account the interests of both the employer and the employees. The court also determined that the agreement complied with all relevant laws and regulations. As a result, the court approved the AMWU and the Architectural Metal Specialists Pty Ltd & Engineering On-Site Construction Agreement 2020 - 2023.

The final orders of the court were that the agreement be approved as just and reasonable, and that it be registered under the applicable industrial legislation. The court's decision provided certainty and clarity for both parties, ensuring that the agreement would govern the employment terms for the specified period.

Architectural Metal Specialists 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