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

[2024] FWCA 1383

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)

(AG2024/942)

AMWU & SOUTH QUEENSLAND REFRIGERATION PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 17 APRIL 2024

Application for approval of the AMWU & South Queensland Refrigeration Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

An application has been made for the approval of a greenfields agreement known as the AMWU & South Queensland Refrigeration Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (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/AMWU).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s. 187(5)(a) of the Act, 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.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 will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, sought approval of a Metal & Engineering On-Site Construction Agreement 2023 - 2026 with South Queensland Refrigeration Pty Ltd. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The AMWU argued that the agreement was necessary to address specific issues in the metal and engineering on-site construction industry, including ensuring fair wages, conditions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements for a Registered Agreement under section 232 of the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it provided for a fair and efficient way of determining wages and other conditions of employment, and whether it was consistent with the national minimum standards set out in the Act. The AMWU contended that the agreement achieved these objectives, while South Queensland Refrigeration Pty Ltd argued that certain provisions were overly prescriptive and could potentially hinder operational flexibility.

In considering these arguments, the Commission emphasised the importance of maintaining a balance between the rights of employers and employees. The AMWU presented evidence that the agreement reflected the unique needs of the industry and provided a fair framework for resolving disputes. The Commission found that the agreement met the criteria for approval, as it provided for a fair and efficient way of determining wages and conditions, and was consistent with the national minimum standards. The agreement was thus approved, with the Commission highlighting the importance of ongoing consultation and negotiation between the parties to ensure its effectiveness in practice.

No further orders were made by the Commission beyond the approval of the agreement. The decision underscores the role of the Fair Work Commission in facilitating fair and efficient workplace agreements, while also ensuring that the rights and interests of both employers and employees are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established