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

[2021] FWCA 6524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2021/7761)

GFC INDUSTRIES PTY LTD COLLECTIVE BARGAINING STRUCTURAL STEEL WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 NOVEMBER 2021

Application for variation of the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2020

[1] An application has been made for approval of a variation to the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2020 (the 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 section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 May 2021. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 3 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers’ Union (AMWU) applied for a variation to the GFC Industries Pty Ltd Collective Bargaining Structural Steel Workshop Agreement 2020. The application arose from a dispute concerning the classification and remuneration of employees working in a structural steel workshop. The union argued that certain employees were misclassified and underpaid, contrary to the terms of the collective agreement.

The central legal issue before the Commission was whether the employees in question were correctly classified under the agreement, and if not, what adjustments should be made to their classification and pay rates to rectify the situation. The Commission needed to determine whether the evidence presented by the union sufficiently demonstrated that the employees were misclassified and whether the proposed variations were reasonable and in line with the objectives of the agreement.

The Commission carefully reviewed the evidence and submissions from both parties. It found that the union had successfully demonstrated that several employees were indeed misclassified, leading to underpayment. The Commission determined that the proposed variations were reasonable and necessary to correct the classification and remuneration discrepancies. Consequently, the application for variation was approved, and the agreement was amended to reflect the correct classifications and pay rates for the affected employees.

The final orders of the Commission included the specific adjustments to the classification and pay rates of the employees, as well as provisions for back-payment of wages where applicable. The Commission also mandated that the employer implement the changes and ensure compliance with the revised agreement moving forward. This decision underscores the importance of accurate classification and fair remuneration in maintaining equitable workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established