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

[2024] FWCA 1218

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)

(AG2024/857)

MAG FABRICATION & INSTALLATIONS PTY LTD (QUEEN’S WARF PROJECT) UNION COLLECTIVE AGREEMENT 2024

Building, metal and civil construction
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 APRIL 2024

Application for approval of the Mag Fabrication & Installations Pty Ltd (Queen’s Wharf Project) Union Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mag Fabrication & Installations Pty Ltd (Queen’s Wharf Project) Union Collective 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 (the Applicant/AMWU).

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

On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[1] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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. The nominal expiry date of the Agreement is 1 November 2027.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Australian Manufacturing Workers’ Union (AMWU), which sought approval for the Mag Fabrication & Installations Pty Ltd (Queen’s Wharf Project) Union Collective Agreement 2024. The AMWU sought to have this agreement approved under the relevant industrial relations legislation, as it aimed to regulate the terms and conditions of employment for workers involved in the Queen’s Wharf Project. The Fair Work Commission (FWC) was the forum in which the application was made, given its jurisdiction over such matters.

The legal issues that the FWC needed to address in this case included whether the agreement met the statutory requirements for approval, such as ensuring the agreement provided for the fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the FWC had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, and whether it met the procedural requirements for the approval of a union collective agreement.

The FWC found that the agreement met the necessary criteria for approval. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The FWC also confirmed that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for proper consultation with the relevant employees and the union. As such, the FWC approved the agreement, recognising its fairness and compliance with the relevant legal standards.

The FWC's final order was the approval of the Mag Fabrication & Installations Pty Ltd (Queen’s Wharf Project) Union Collective Agreement 2024. This decision provided clarity and certainty for the parties involved, ensuring that the terms of employment were regulated in a manner that was fair and in compliance with the relevant industrial relations laws.

“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