“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2025] FWCA 1972

[2025] FWCA 1972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

(AG2025/1658)

AMWU & RESOURCE SERVICES GROUP E&I PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2025 – 2028

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 16 JUNE 2025

Application for approval of the AMWU & Resource Services Group E&I Pty Ltd Metal & Engineering On-Site Construction Agreement 2025 – 2028

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has applied of approval of an enterprise agreement known as the AMWU & Resource Services Group E&I Pty Ltd Metal & Engineering On-Site Construction Agreement 2025 – 2028 (the Agreement). The employer covered by the Agreement is Resource Services Group E&I Pty Ltd. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The Agreement was made on 29 May 2025. Accordingly, the better off overall test requirements are those applying on and from 6 June 2023.

1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. The AMWU submitted a Form F21 indicating that it wishes to be covered by the Agreement. In accordance with s.187(5)(a), 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. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the AMWU, and the Agreement covers that organisation.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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