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)
(AG2019/5118)

AMWU AND JBI METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 23 JANUARY 2020

Application for variation of the AMWU and JBI Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022.

[1] An application has been made for approval of a variation to the AMWU and JBI Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 23 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for a variation of the AMWU and JBI Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022. The matter was heard by a delegate of the President of the Commission. The central issue in the case was whether the Commission should approve a variation of the enterprise agreement to allow for the payment of a shift allowance to employees of JBI Metal Engineering, who are members of the AMWU, working on the Melbourne Metro Tunnel and Stations Project. This variation was sought to address the difficulties experienced by the employees in arranging suitable childcare due to the irregular hours and days on which they were rostered to work.

The AMWU argued that the shift allowance was necessary to compensate the employees for the inconvenience and additional costs incurred due to their irregular work schedules. The Commission considered the evidence presented by both parties and concluded that the variation was necessary to address the specific circumstances of the employees' work arrangements. The Commission found that the irregular hours and days on which the employees were rostered to work caused significant difficulties in arranging suitable childcare, which in turn resulted in additional costs and inconvenience for the employees. The Commission determined that the shift allowance was an appropriate means of compensating the employees for these difficulties.

The Commission varied the enterprise agreement to allow for the payment of a shift allowance to the affected employees. The final orders included the approval of the variation, which permitted the payment of a shift allowance to the employees of JBI Metal Engineering who were members of the AMWU and working on the Melbourne Metro Tunnel and Stations Project. This decision provided relief to the employees affected by the irregular work schedules and addressed their specific needs in relation to childcare arrangements.

“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