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)
(AG2021/4940)

S & M ESCALATOR SERVICES PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 MAY 2021

Application for approval of the S & M Escalator Services Pty Ltd Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the S & M Escalator Services Pty Ltd Queen’s Wharf Project Agreement (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 s.185 of the Fair Work Act 2009 (Act).

[2] 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 of the Act 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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.

[3] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2021. The nominal expiry date of the Agreement is 1 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers' Union (AMWU) to the Fair Work Commission (FWC) for the approval of the S & M Escalator Services Pty Ltd Queen's Wharf Project Agreement. The AMWU sought to have the agreement approved as an enterprise agreement, which would then be applicable to its members employed by S & M Escalator Services Pty Ltd. The primary dispute centres around whether the agreement meets the legal requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the FWC included determining whether the agreement was made in good faith and whether it contained the necessary provisions regarding the terms and conditions of employment. Additionally, the FWC had to assess if the agreement complied with the statutory minimum terms and conditions set out in the Fair Work Act and if it was consistent with the broader public interest in industrial relations. The AMWU argued that the agreement was made in good faith and met all the statutory requirements for approval.

In its decision, the FWC carefully examined the provisions of the agreement, considering the evidence presented by both parties. The FWC concluded that the agreement was made in good faith and contained all the necessary terms and conditions as required by the Fair Work Act. Furthermore, the FWC determined that the agreement did not contravene any of the statutory minimum terms and conditions and was consistent with the public interest in industrial relations. Consequently, the FWC approved the agreement, allowing it to be registered as a lawful enterprise agreement.

The FWC's final orders included the approval and registration of the S & M Escalator Services Pty Ltd Queen's Wharf Project Agreement as a lawful enterprise agreement. This decision ensures that the agreement can now be enforced under the Fair Work Act, providing the agreed terms and conditions of employment for the relevant employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established