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)
(AG2020/2860)

AMWU STAFF AGREEMENT 2020-2022

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 OCTOBER 2020

Application for approval of the AMWU Staff Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the AMWU Staff Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 October 2020 and, in accordance with s.54, will operate from 22 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Australian Manufacturing Workers’ Union (AMWU) applied for approval of the AMWU Staff Agreement 2020-2022. The Fair Work Commission (FWC) was tasked with assessing the fairness of the terms and conditions outlined in the agreement. The application for approval came amidst concerns from some union members regarding the agreement's provisions and the process through which it was negotiated and adopted. The FWC was required to determine if the agreement met the necessary criteria under the Fair Work Act 2009 for fair and reasonable terms.

The central legal issues the FWC needed to address were whether the agreement was genuinely negotiated between the parties and if its terms were fair and reasonable in the context of the industrial relations landscape. The FWC examined evidence provided by both the AMWU and the objectors, considering the procedural fairness of the negotiation process and the substantive fairness of the agreement’s terms. The objectors argued that the agreement did not adequately represent the interests of all staff members and that some terms were unfair. The AMWU contended that the agreement was the result of genuine negotiations and that it was fair and reasonable.

The FWC concluded that the AMWU Staff Agreement 2020-2022 was genuinely negotiated and its terms were fair and reasonable. The Commission found that the union had acted in good faith and followed proper procedures in negotiating the agreement. Furthermore, the FWC determined that the terms of the agreement were consistent with broader industrial standards and did not disadvantage any party. Based on these findings, the FWC approved the agreement.

“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