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

Case [2022] FWCA 3107


[2022] FWCA 3107

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)

(AG2022/3506)

SBL Solutions Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER MATHESON

SYDNEY, 7 SEPTEMBER 2022

Application for approval of the SBL Solutions Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the SBL Solutions Enterprise Agreement 2022 (Agreement). The application was made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

  1. The employer covered by the Agreement, SBL Solutions Services Pty Ltd, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

  1. Pursuant to s.190(3) of the Act, I accept the Undertakings.

  1. Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given 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 that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2022. The nominal expiry date of the Agreement is 7 September 2025.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517343  PR745597>

Annexure A

Details
AGLC
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) [2022] FWCA 3107
Case
[2022] FWCA 3107
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the SBL Solutions Enterprise Agreement 2022 by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms and conditions of employment outlined in the proposed agreement, with the AMWU seeking formal endorsement of the agreement to ensure compliance with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including provisions related to minimum wages, penalty rates, and other employment conditions. The Commission had to determine if the agreement provided fair and reasonable terms for the employees and if it complied with the relevant statutory provisions.

In its decision, the Commission carefully reviewed the terms of the agreement and considered the submissions made by the AMWU and other parties involved. The Commission concluded that the agreement was fair and reasonable, taking into account the specific industry context and the bargaining positions of the parties. The agreement was found to adequately address minimum wage rates, overtime, shift differentials, and other employment conditions in a manner consistent with the Fair Work Act. Consequently, the Commission approved the SBL Solutions Enterprise Agreement 2022, effective from the specified commencement date.

The Fair Work Commission's decision provides clarity and certainty regarding the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the parties' rights and obligations are governed by a legally endorsed framework, promoting industrial harmony and stability within the relevant industry.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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