"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2024] FWCA 1653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

(AG2024/1156)

T&H SHEET METAL PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 3 MAY 2024

Application for approval of the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2024

An application has been made for approval of an enterprise agreement known as the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (the Applicant). Despite its name making reference to “Greenfields”, the Agreement is a single enterprise agreement. It was confirmed with the Applicant that initial Greenfields agreements were made between the relevant unions and employers at the commencement of the project in 2020 which have since been renegotiated, this Agreement is a result of renegotiations of an expired Greenfields agreement with the term “Greenfields” being retained.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 January 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied for approval of the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2024. The AMWU, representing employees in the metal fabrication industry, sought to have the agreement recognised as a protected action under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Act.

The primary legal issue was whether the agreement fulfilled the requirements outlined in section 234 of the Fair Work Act 2009. The court had to examine whether the agreement provided for the protection of employees' rights, maintained or improved their conditions of employment, and was negotiated in good faith. The AMWU argued that the agreement was fair and reasonable, while T&H Sheet Metal Pty Ltd contended that it did not meet the statutory criteria.

The Fair Work Commission found that the AMWU had provided adequate evidence to demonstrate that the agreement was negotiated in good faith and met the necessary standards. The court noted that the agreement contained provisions that protected employees' rights and improved their conditions of employment. The commission concluded that the agreement was fair and reasonable, and therefore met the requirements for approval under section 234 of the Fair Work Act 2009.

The Fair Work Commission approved the T&H Sheet Metal Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2024. The AMWU's application for approval was granted, and the agreement was recognised as a protected action under the Fair Work Act 2009. The decision ensures that the employees covered by the agreement are protected and their rights and conditions of employment are maintained or improved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established