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)
(AG2019/1192)

AMWU AND JP CONTRACTORS METALS LABOUR HIRE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 JUNE 2019

Application for approval of the AMWU and JP Contractors Metals Labour Hire Agreement 2016 - 2019.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and JP Contractors Metals Labour Hire Agreement 2016 - 2019 (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 are relevant to this application for approval and 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) is 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] 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 that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by the Australian Manufacturing Workers’ Union (AMWU) for approval of the AMWU and JP Contractors Metals Labour Hire Agreement 2016 - 2019. The dispute arose under the Fair Work Act 2009, specifically concerning the approval of an enterprise agreement. The Fair Work Commission was the tribunal hearing the matter.

The primary legal issue before the court was whether the agreement met the criteria for approval under section 231 of the Fair Work Act. This required consideration of whether the agreement provided for fair and efficient workplace relations, and whether it complied with the good faith bargaining provisions. Additionally, the court had to determine whether the agreement addressed minimum entitlements and whether it was in the best interests of the employees it was intended to cover.

The Fair Work Commission assessed the agreement in light of the statutory requirements and found that it provided for fair and efficient workplace relations, as well as compliance with good faith bargaining provisions. The agreement was deemed to address minimum entitlements and was considered to be in the best interests of the employees. Consequently, the court approved the agreement, noting its provisions for procedural fairness, pay rates, and other employment conditions. The approval was contingent on the agreement being registered with the Fair Work Commission.

The court issued orders approving the AMWU and JP Contractors Metals Labour Hire Agreement 2016 - 2019, subject to its registration with the Fair Work Commission. The agreement was to be registered within the timeframe specified by the Fair Work Act, and upon registration, the agreement would become a registered enterprise 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