Australian Manufacturing Workers Union Summary

[2023] FWCA 1909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Manufacturing Workers Union

(AG2023/1937)

T&H SHEET METAL PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 3 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 JUNE 2023

Application for approval of the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 3 Project Greenfields Agreement 2020

An application has been made for approval of a greenfields agreement known as the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 3 Project Greenfields Agreement 2020 (the Agreement). The application was made by the Australian Manufacturing Workers Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Manufacturing Workers Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2023. The nominal expiry date of the Agreement is 1 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers Union (AMWU) applied for the approval of the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 3 Project Greenfields Agreement 2020 under the Fair Work Act 2009. The case was heard in the Fair Work Commission, the central workplace relations tribunal in Australia. The AMWU sought the agreement's approval, which was made between the employer and the union, to be deemed a "registered agreement." This status would allow it to have the same effect as if it had been made under the previous workplace legislation.

The primary legal issue before the Commission was whether the Agreement met the criteria for approval as a registered agreement under the Fair Work Act. Specifically, the Commission had to determine if the Agreement contained only "industrial matters" and if it was "in the public interest" to approve it. Industrial matters are defined as matters relating to employment, workplace relations, or occupational health and safety. The Commission also considered whether the Agreement provided for the fair and efficient resolution of workplace disputes.

The Commission found that the Agreement contained only industrial matters and was in the public interest to approve it. The Agreement addressed various employment-related issues, including wages, conditions of employment, dispute resolution mechanisms, and occupational health and safety provisions. The Commission was satisfied that the Agreement provided for the fair and efficient resolution of workplace disputes and that it did not undermine the protections provided by the Fair Work Act. The Commission approved the Agreement as a registered agreement, which will now have the same effect as if it had been made under the previous workplace legislation.

Australian Manufacturing Workers Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established