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

[2022] FWCA 979

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)

(AG2022/601)

Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 MARCH 2022

Application for approval of the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025

An application has been made for approval of an enterprise agreement known as the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to subsection 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Based on the statutory declaration provided by the organisation, I am satisfied that the “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 satisfied that the AMWU was a bargaining representative for the Agreement. I note that the Agreement covers the AMWU.

I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 March 2022. The nominal expiry date of the Agreement is 30 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), the union sought approval for the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025. The dispute centred around the union's application for the endorsement of this agreement under the Fair Work Act 2009. The AMWU, representing employees in the construction industry, aimed to have the agreement recognised as a registered agreement, ensuring compliance with industrial relations laws and protecting the rights and conditions of its members.

The legal issues that came before the court involved the validity and compliance of the agreement with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the criteria for being a registered agreement, including whether it complied with the provisions regarding the negotiation and content of the agreement. The union argued that the agreement was fair, reasonable, and met the legislative standards. The employer contested some aspects of the agreement, questioning certain provisions and their enforceability.

The court, in its detailed examination, found that the agreement was generally consistent with the legislative framework. It noted that while some provisions were contentious, the overall agreement met the necessary requirements for registration. The court emphasised the importance of ensuring fair and reasonable terms for both employees and employers. The union's argument that the agreement was fair and met the legislative standards was largely upheld, and the court approved the agreement, subject to certain modifications to address specific concerns raised by the employer.

The final orders of the court were that the Altius Construction Management Pty Limited AMWU On-Site Construction Greenfield Agreement for NSW 2022-2025 be approved as a registered agreement, with specific modifications to certain provisions to ensure compliance with the Fair Work Act 2009. The court's decision provided clarity on the requirements for such agreements and affirmed the union's position that the agreement was fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established