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

[2019] FWCA 2026

FAIR WORK COMMISSION

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)

(AG2018/6097)

SBL Solutions Maintenance Services Enterprise Agreement 2018

Manufacturing and associated industries
Commissioner Gregory	MELBOURNE, 17 APRIL 2019

Application for approval of the SBL Solutions Maintenance Services Enterprise Agreement 2018.

An application has been made for approval of a greenfields agreement known as the SBL Solutions Maintenance Services Enterprise Agreement 2018 (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).

The Agreement lodged contained an error at clauses 1 and 2 in relation to the title of the Agreement. On 9 April 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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 the “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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers' Union (AMWU) for approval of the SBL Solutions Maintenance Services Enterprise Agreement 2018. The union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the requirements for registration, including the need for it to provide for fair and effective workplace relations and to be free from any undue influence or coercion.

The legal issues before the Commission centred on whether the agreement contained the necessary provisions for it to be approved as a registered agreement. This included examining whether the agreement provided for fair and effective workplace relations, whether it was free from undue influence or coercion, and whether it met the other statutory criteria for approval. The Commission also had to consider the process by which the agreement was negotiated and the extent to which the union had genuinely negotiated on behalf of the employees.

In its decision, the Commission found that the agreement met the statutory criteria for registration. The agreement provided for fair and effective workplace relations and was free from undue influence or coercion. The Commission was satisfied that the union had genuinely negotiated the agreement on behalf of the employees and that the process by which the agreement was negotiated was appropriate. The Commission approved the agreement, which will now be registered under the Fair Work Act 2009.

The final orders of the Commission were that the SBL Solutions Maintenance Services Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. The agreement will now be binding on all parties and will provide a framework for workplace relations between the union and the employer. The union and employer are now required to comply with the terms of the agreement, which will govern matters such as wages, hours of work, and other conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established