DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Architectural Metal Specialists Pty Ltd
(AG2020/4050)

AMWU AND THE ARCHITECTURAL METAL SPECIALISTS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JANUARY 2021

Application for approval of AMWU and the ARCHITECTURAL METAL SPECIALISTS PTY LTD Collective Bargaining Workshop Agreement 2020.

[1] Architectural Metal Specialists Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU and the ARCHITECTURAL METAL SPECIALISTS PTY LTD Collective Bargaining Workshop Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 January 2021 and, in accordance with s 54, will operate from 29 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers’ Union (AMWU) sought approval of a Collective Bargaining Workshop Agreement 2020 between the AMWU and Architectural Metal Specialists Pty Ltd. The applicant union sought an approval order under section 235 of the Fair Work Act 2009, asserting that the agreement contained only mandatory terms and was therefore a simple procedure agreement. The employer opposed the application, arguing that the agreement contained non-mandatory terms and was therefore a high-level agreement. The dispute before the Full Bench was whether the agreement was a simple procedure agreement or a high-level agreement, and whether the application should be approved.

The Full Bench found that the agreement contained both mandatory and non-mandatory terms. However, the Full Bench held that the agreement was a simple procedure agreement because the non-mandatory terms did not create new substantive rights and were necessary to provide for the operation of the agreement. The Full Bench found that the agreement contained only mandatory terms and was therefore a simple procedure agreement. The Full Bench held that the application should be approved because the agreement was a simple procedure agreement and the applicant union had satisfied the requirements for approval under section 235 of the Fair Work Act 2009.

The Full Bench approved the application and authorised the agreement as a registered agreement. The Full Bench found that the agreement was a simple procedure agreement and that the applicant union had satisfied the requirements for approval under section 235 of the Fair Work Act 2009. The Full Bench held that the agreement should be registered as a registered agreement. The Full Bench ordered that the agreement be registered as a registered agreement.

Architectural Metal Specialists Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established