Australian Manufacturing Workers’ Union Summary

[2021] FWCA 6796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Manufacturing Workers’ Union
(AG2021/8277)

T&H SHEET METAL PTY LTD QUEEN’S WHARF PROJECT GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 NOVEMBER 2021

Application for approval of the T&H Sheet Metal Pty Ltd Queen’s Wharf Project Greenfields Agreement

[1] The Australian Manufacturing Workers’ Union (AMWU) has made an application for approval of an enterprise agreement known as the T&H Sheet Metal Pty Ltd Queen’s Wharf Project Greenfields Agreement (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has been met. In accordance with s 187(5) of the Act, I am satisfied that the AMWU 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AMWU and that the Agreement covers this organisation.

[4] The Agreement was approved on 23 November 2021 and, in accordance with s 54, will operate from 30 November 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Australian Manufacturing Workers’ Union, the applicant sought the Fair Work Commission's approval of a greenfields agreement with T&H Sheet Metal Pty Ltd concerning the Queen’s Wharf Project. The union aimed to establish a new workplace under the agreement, which would cover employees involved in the project. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it met the criteria for being a greenfields agreement. A key issue was whether the proposed agreement sufficiently addressed the rights and protections of employees, particularly in the context of establishing a new workplace. The Commission had to consider whether the agreement provided a fair balance between the rights of the employer and the employees, and whether it adhered to the requirements set out in the Fair Work Act.

The Fair Work Commission, after reviewing the submissions and evidence, determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, and that it appropriately addressed the rights and protections of the workers. The Commission also concluded that the agreement satisfied the requirements for a greenfields agreement, including the establishment of a new workplace. As a result, the Commission approved the agreement, allowing the union and the employer to proceed with the implementation of the agreement.

The final orders of the Commission were that the greenfields agreement be approved and registered. The agreement would now serve as the basis for the terms and conditions of employment for the employees involved in the Queen’s Wharf Project, providing a framework for the new workplace. The approval of the agreement by the Commission ensured that the rights and protections of the employees were adequately addressed, and that the employer could move forward with the project under the terms of the approved agreement.

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