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

[2023] FWCA 1818

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)

(AG2023/1542)

MAGNITUDE PIPELINES & CONSTRUCTION PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 21 JUNE 2023

Application for approval of the Magnitude Pipelines & Construction Pty Ltd Southern Queensland CorrectionalPrecinct Stage 2 Project Greenfields Agreement 2020

An application has been made for the approval of a greenfields agreement known as the Magnitude Pipelines & Construction Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (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/the AMWU).

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

I am satisfied that each of the requirements of ss.186 and 187 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, referred to as AMWU, brought an application before the Fair Work Commission for approval of a Greenfields Agreement 2020 relating to the Southern Queensland Correctional Precinct Stage 2 Project by Magnitude Pipelines & Construction Pty Ltd. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically focusing on whether it provided adequate protection for employees in the project and whether the union had genuinely negotiated the agreement.

The Commission examined the specifics of the agreement, including provisions on wages, conditions, dispute resolution, and other employment-related matters. The AMWU argued that the agreement provided fair and reasonable terms for the employees, while Magnitude Pipelines & Construction Pty Ltd contended that certain aspects of the agreement were overly stringent and could impede the project's efficiency. The Commission considered the broader context of the project and the nature of the work involved, taking into account the necessity of balancing the rights of employers and employees while ensuring that the project could proceed without undue disruption.

After thorough deliberation, the Commission found that the agreement adequately protected the employees' rights and interests and was negotiated in good faith. The Commission concluded that the terms were fair and reasonable, and approved the agreement for the project. The decision was based on the evidence presented and the legal standards applicable to such agreements. The AMWU's application was successful, and the agreement was approved for implementation.

The Fair Work Commission's decision approved the Greenfields Agreement 2020, and it is now applicable to the employees of Magnitude Pipelines & Construction Pty Ltd involved in the Southern Queensland Correctional Precinct Stage 2 Project. The approval ensures that the employees are covered by the terms of the agreement, which includes provisions on wages, conditions of employment, and dispute resolution mechanisms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established