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

[2024] FWCA 1438

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

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

(AG2024/1187)

AMWU & T & H SHEETMETAL PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2027

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 19 APRIL 2024

Application for approval of the AMWU & T & H Sheetmetal Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2027

An application has been made for approval of a greenfields agreement known as the AMWU & T & H Sheetmetal Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

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. In particular, I am satisfied that the AMWU is 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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.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 s.54(1) of the Act, will operate from 26 April 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

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for approval of the Metal & Engineering On-Site Construction Agreement 2023 - 2027 with T & H Sheetmetal Pty Ltd. This application was necessary to ensure that the agreement would be a registered agreement under the Fair Work Act 2009, and therefore enforceable. The dispute centred on whether the agreement met the statutory criteria for approval, particularly whether it provided for the rights and obligations of the parties, contained appropriate dispute resolution mechanisms, and did not unfairly discriminate against any party.

The legal issues the court had to address were whether the agreement provided adequate protections for the workers, if it included appropriate dispute resolution processes, and if it contained any provisions that might unfairly disadvantage any party. The AMWU argued that the agreement was fair and reasonable, while T & H Sheetmetal Pty Ltd contended that certain provisions were overly restrictive and did not reflect the true nature of the working relationship.

The Fair Work Commission, after thorough consideration, found that the agreement met the necessary criteria for approval. The agreement was deemed to provide for the rights and obligations of the parties, contained suitable dispute resolution mechanisms, and did not unfairly discriminate against any party. The Commission was satisfied that the agreement was fair and reasonable and met all the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2023 - 2027, declaring it to be a registered agreement. This decision ensures that the agreement will be enforceable and provides a framework for the working relationship between the AMWU and T & H Sheetmetal Pty Ltd for the duration of the 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