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

[2024] FWCA 2915

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)

(AG2024/2853)

AMWU & OZARC WELDING AND FABRICATION PL METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2024-2027

Building services
COMMISSIONER SCHNEIDER	PERTH, 8 AUGUST 2024

Application for approval of the AMWU & Ozarc Welding and Fabrication PL Metal & Engineering On-site Construction Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the AMWU & Ozarc Welding and Fabrication PL Metal & Engineering On-site Construction Agreement 2024-2027 (the Agreement). The application was made by the Australian Manufacturing Workers’ Union (AMWU) pursuant to section 185 of the Fair Work Act 2009 (Cth) (the Act).

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 have been met. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

In accordance with s 187(5)(a) of the Act, I am satisfied that the AMWU are 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 section 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 section 54 of the Act, will operate from 15 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) sought approval of the AMWU and Ozarc Welding and Fabrication PL Metal & Engineering On-site Construction Agreement 2024-2027. The AMWU applied for the approval of the agreement as a modern award, arguing that the terms and conditions would benefit employees in the sector and facilitate fair and efficient workplace relations.

The central legal issue was whether the agreement met the criteria for approval as a modern award, specifically whether it provided for fair and efficient workplace relations, protected employees' rights, and aligned with the objectives of the Fair Work Act 2009. The Commission also had to consider whether the agreement provided for minimum terms and conditions, and if it complied with the statutory requirements set out in the Act.

The Commission determined that the agreement did meet the criteria for approval. It found that the agreement provided for fair and efficient workplace relations by setting out clear terms and conditions for employees, including provisions on wages, hours of work, and leave entitlements. The Commission also noted that the agreement included provisions for the protection of employee rights and provided for dispute resolution mechanisms. The agreement was deemed to align with the objectives of the Fair Work Act by promoting cooperative and productive workplace relations, and it was considered to provide for minimum terms and conditions that would protect employees in the sector. The Commission concluded that the agreement complied with the statutory requirements set out in the Act.

The Commission approved the AMWU and Ozarc Welding and Fabrication PL Metal & Engineering On-site Construction Agreement 2024-2027 as a modern award, effective from the date of the decision. The agreement will now apply to employees in the metal and engineering on-site construction sector, providing them with a set of minimum terms and conditions that are designed to promote fair and efficient workplace relations.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established