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

[2022] FWCA 2124

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)

(AG2022/1950)

Hiemac Industries Pty Ltd Queen’s Wharf Project Agreement

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 JUNE 2022

Application for approval of the Hiemac Industries Pty Ltd Queen’s Wharf Project Agreement

An application has been made for approval of a greenfields agreement known as the Hiemac Industries Pty Ltd Queen’s Wharf Project Agreement (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 5 July 2022. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union, sought approval from the Fair Work Commission for the Hiemac Industries Pty Ltd Queen’s Wharf Project Agreement. The agreement proposed a new enterprise agreement for employees of Hiemac Industries, covering various aspects of employment terms and conditions. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The Fair Work Commission was tasked with determining these issues.

The central legal issues revolved around the fairness and compliance of the proposed enterprise agreement with the statutory provisions of the Fair Work Act. The Commission had to consider whether the agreement met the procedural requirements for enterprise agreements, including genuine bargaining and the avoidance of coercion, duress, or other forms of unfair conduct. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the interests of both the employer and the employees.

The Fair Work Commission approved the application for the proposed agreement. The Commission found that the agreement was the result of genuine bargaining and did not involve any form of unfair conduct. The terms of the agreement were deemed fair and reasonable, balancing the interests of the employees and the employer. The Commission was satisfied that the agreement met all statutory requirements and was in the best interests of the employees. The approval was granted on the basis that the agreement provided a fair and reasonable set of terms and conditions for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established