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

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), and Resource Services Group E&I Pty Ltd. The union sought approval for the Metal & Engineering On-Site Construction Agreement 2025 – 2028, which was intended to cover the terms and conditions of employment for workers in the metal and engineering sectors. The application for approval was brought under relevant industrial relations legislation, aiming to ensure the agreement complied with statutory requirements and served the interests of both employees and employers.

The central legal issue before the court was whether the proposed agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a “single interest” agreement, if it covered all relevant employees and employers, and whether it contained the required terms and conditions of employment. The court also needed to assess if the agreement provided adequate protections for employees and if it adhered to the principles of good faith bargaining and procedural fairness.

In delivering its judgment, the court carefully examined the content of the agreement and the process by which it was negotiated. The court found that the agreement was a genuine single interest agreement, as it was negotiated in good faith and covered all relevant employees and employers. The agreement contained all the required terms and conditions, including minimum wages, hours of work, and leave provisions. The court was satisfied that the agreement provided adequate protections for employees and that it was in line with the principles of good faith bargaining and procedural fairness. Based on these findings, the court approved the Metal & Engineering On-Site Construction Agreement 2025 – 2028, allowing it to take effect as intended.

The final orders of the court were to approve the Metal & Engineering On-Site Construction Agreement 2025 – 2028, subject to the conditions that it be registered with the Fair Work Commission and that any future amendments be made in accordance with the Fair Work Act 2009. The court’s approval ensured that the agreement would provide a framework for the fair and equitable treatment of employees in the metal and engineering sectors, while also supporting the interests of employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established