DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Pressure Vessel Heads Pty Ltd
(AG2017/5206)

AMWU AND AUSTRALIA PRESSURE VESSEL HEADS (2011) PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2018

Application for approval of the AMWU and Australia Pressure Vessel Heads (2011) Pty Ltd Collective Bargaining Workshop Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Australia Pressure Vessel Heads (2011) Pty Ltd Collective Bargaining Workshop Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australia Pressure Vessel Heads Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2018. The nominal expiry date of the Agreement is 16 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Australian Manufacturing Workers' Union (AMWU) and Australia Pressure Vessel Heads Pty Ltd. The AMWU sought approval of a collective bargaining agreement, the AMWU and Australia Pressure Vessel Heads (2011) Pty Ltd Collective Bargaining Workshop Agreement 2017, under the Fair Work Act 2009. The dispute centred on the terms of the agreement and its compliance with the Act.

The primary legal issue was whether the agreement complied with the requirements of section 234 of the Fair Work Act 2009. This section necessitates that a certified agreement be in writing, include the names and addresses of the parties, and be signed by a representative of each party. The court had to determine if the AMWU and Australia Pressure Vessel Heads (2011) Pty Ltd Collective Bargaining Workshop Agreement 2017 met these criteria.

The Fair Work Commission found that the agreement did not explicitly name the parties involved, which is a fundamental requirement under section 234 of the Act. Additionally, the agreement lacked proper signatures from the representatives of the parties, which is necessary for the agreement to be considered valid and enforceable. Consequently, the Commission ruled that the agreement was not in compliance with the necessary legal standards and, therefore, could not be approved.

The Fair Work Commission did not approve the AMWU and Australia Pressure Vessel Heads (2011) Pty Ltd Collective Bargaining Workshop Agreement 2017. The decision highlights the importance of adhering to the specific legal requirements outlined in the Fair Work Act 2009 when drafting collective agreements.

Australia Pressure Vessel Heads 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