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

[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.

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).

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

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.

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.

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.

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.

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

CaseChat Overview and Summary

In the recent matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), also known as the Australian Manufacturing Workers' Union, the Fair Work Commission (FWC) was tasked with reviewing and approving the On-Site Construction HVAC Workers NSW Enterprise Agreement 2023 – 2027. The AMWU, acting as the representative of the workers, sought the FWC's approval of the proposed agreement, which aimed to regulate the terms and conditions of employment for workers in the heating, ventilation, and air conditioning (HVAC) sector within the construction industry in New South Wales.

The legal issues before the FWC centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for the modern award terms and conditions, satisfied the good faith bargaining test, and did not unfairly discriminate against any group of employees. Furthermore, the FWC needed to ensure that the agreement was in the public interest, particularly in the context of promoting productivity, economic efficiency, and industrial peace.

The FWC meticulously reviewed the proposed agreement, considering evidence from both the AMWU and the employers. The Commission found that the agreement did indeed provide for the modern award terms and conditions and had been negotiated in good faith. It also found that the agreement did not unfairly discriminate against any group of employees and was in the public interest. Consequently, the FWC approved the On-Site Construction HVAC Workers NSW Enterprise Agreement 2023 – 2027, recognising the importance of the agreement in fostering a productive and harmonious industrial environment.

The final orders of the FWC were to approve the On-Site Construction HVAC Workers NSW Enterprise Agreement 2023 – 2027, with the understanding that it would come into effect from the date of the decision. This decision provides clarity for employers and employees within the HVAC sector in the construction industry in New South Wales, ensuring that their rights and obligations are governed by a fair and balanced agreement.

“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