Australian Metal Services Trading AS Australian Metal Services Pty Ltd

[2025] FWCA 927

The attached document replaces the document previously issued with the above code on 18 March 2025.

Publication ID has been added at bottom/last page.

Associate to COMMISSION ALLISON

Dated 18 March 2025.

[2025] FWCA 927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Australian Metal Services Trading AS Australian Metal Services Pty Ltd

(AG2025/548)

AMWU & AUSTRALIAN METAL SERVICES METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 18 MARCH 2025

Application for approval of the AMWU & AUSTRALIAN METAL SERVICES Metal & Engineering On-Site Construction Agreement2023 - 2026

Australian Metal Services Trading AS Australian Metal Services Pty Ltd has made an application, pursuant to s.185 of the Fair Work Act 2009 (Act), for approval of a greenfields agreement known as the AMWU & AUSTRALIAN METAL SERVICES Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement).
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 (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. 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 AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Australian Metal Services Trading AS Australian Metal Services Pty Ltd, the applicant, the Australian Metal Services Trading Association, sought approval of a new industrial agreement between the Australian Manufacturing Workers' Union (AMWU) and Australian Metal Services, covering the period from 2023 to 2026. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The AMWU and Australian Metal Services argued that the proposed agreement was necessary to address changes in the industry and to ensure fair and equitable terms for their members.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the court had to determine if the agreement was in the best interests of the employees, if it provided for the fair and equitable resolution of workplace disputes, and if it met the requirements of the Fair Work Act regarding minimum entitlements and the protection of vulnerable workers. The applicant argued that the agreement was necessary to address changes in the industry and to ensure fair and equitable terms for their members. The respondent union argued that the agreement provided for the fair and equitable resolution of workplace disputes and met the requirements of the Fair Work Act.

The court found that the proposed agreement met the criteria for approval. It was in the best interests of the employees as it provided for fair and equitable terms, including provisions for minimum entitlements, dispute resolution, and the protection of vulnerable workers. The court also found that the agreement provided for the fair and equitable resolution of workplace disputes and met the requirements of the Fair Work Act. The court was satisfied that the agreement was necessary to address changes in the industry and to ensure fair and equitable terms for the members of the union and the employer. The court approved the proposed agreement, subject to certain conditions to ensure compliance with the Fair Work Act.

The final orders of the court included the approval of the proposed agreement, subject to certain conditions to ensure compliance with the Fair Work Act. The conditions included the requirement for the parties to notify the Fair Work Commission of any changes to the agreement and to provide regular reports on compliance with the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and that it be published on the Commission's website. The applicant and the respondent were required to comply with the terms of the agreement and to take all necessary steps to ensure that their members were aware of the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established