‘Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union’ known as The Australian Manufacturing Workers’ Union (AMWU)

[2024] FWCA 2106

[2024] FWCA 2106

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)

(AG2024/1799)

AMWU STAFF AGREEMENT 2022-25

Industries not otherwise assigned
DEPUTY PRESIDENT BELL	MELBOURNE, 7 JUNE 2024

Application for approval of the AMWU Staff Agreement 2022-25.

1. An application has been made for approval of an enterprise agreement known as the AMWU Staff Agreement 2022-25 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer ‘Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union’ known as The Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 28 September 2022 and the Agreement was made on 13 May 2024. Accordingly, the genuine agreement requirements are assessed under the Act as those applying before 6 June 2023 and the better off overall test is that applying on and from 6 June 2023.[1]

1. The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU), 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 was approved on 7 June 2024 and, in accordance with s.54 of the Act, will operate from 14 June 2024. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Annexure A

[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 Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

Printed by authority of the Commonwealth Government Printer

<AE524944  PR775781>