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

[2024] FWCA 2209

[2024] FWCA 2209

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)

(AG2024/1881)

AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JUNE 2024

Application for approval of the AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2023 – 2027.

1. An application has been made for approval of an enterprise agreement known as the AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2023 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

1. The Agreement is a multi-enterprise Agreement. The Agreement covers the following Employer entities:

   ·  B&L Mechanical Air Services Pty Ltd

   ·  Emax Air Group Pty Ltd

   ·  Incore Air NSW Pty Ltd

   ·  Ned Air Pty Ltd

   ·  Quantek Mechanical Pty Ltd

   ·  S&A Solutions Pty Ltd

   ·  Traminer Industries (NSW) Pty Ltd

   ·  TMS Installations Pty Ltd

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 February 2024 and the Agreement was made on 15 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 30 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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