DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2020/782)

RISE UP STAIRFORMS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 APRIL 2020

Application for approval of the Rise Up Stairforms Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Rise Up Stairforms Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (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.

[3] 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. 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 AMWU, 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 17 April 2020 and, in accordance with s.54, will operate from 24 April 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union, acting on behalf of its members, and Rise Up Stairforms Pty Ltd, a stair manufacturing company, appeared before the Fair Work Commission to seek approval of an enterprise agreement. The agreement in question, the Rise Up Stairforms Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, was proposed as a means of formalising the terms and conditions of employment for workers in the metal engineering sector within the construction industry. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "single enterprise agreement" as defined by section 173 of the Fair Work Act 2009. This definition encompasses employees working for the same employer, or a group of employers, and engaged in the same industry or a similar kind of work. The AMWU argued that the agreement was a single enterprise agreement, while Rise Up Stairforms Pty Ltd contended that the agreement did not meet the criteria for a single enterprise agreement. The Commission had to weigh the arguments presented by both parties and decide whether the agreement was indeed a single enterprise agreement.

In reaching its decision, the Commission considered the definitions and criteria set out in the Fair Work Act 2009, as well as the specific circumstances of the agreement in question. The Commission found that the agreement did meet the requirements for a single enterprise agreement, as the employees covered by the agreement worked for the same employer and were engaged in the same industry or a similar kind of work. The Commission approved the agreement on the basis that it complied with the legal requirements for a single enterprise agreement. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment for the workers covered by the agreement.

As a result of the Commission's decision, the Rise Up Stairforms Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 was approved and registered. The agreement will now govern the terms and conditions of employment for the workers covered by the agreement for the duration of the agreement. The decision of the Commission is final and binding, and neither party may challenge the decision further under the Fair Work Act 2009.

"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