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)
(AG2016/7534)

LIFT ENGINEERING PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 19 JANUARY 2017

Application for approval of the Lift Engineering Pty Ltd/ ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a greenfields agreement known as the Lift Engineering Pty Ltd/ ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (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 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are 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] 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.

[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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union, along with two other parties, applied for the approval of the Lift Engineering Pty Ltd/ ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The applicant union sought to have the agreement approved by the Fair Work Commission under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the enterprise agreement, specifically its validity and compliance with the relevant industrial legislation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. This included verifying that the agreement had been made in accordance with the procedures outlined in the Act and ensuring that it did not contain any provisions that were against the public interest. The court also needed to assess whether the agreement adequately covered the matters specified in the Act and whether it had been made without the coercion of any party.

In assessing the agreement, the Fair Work Commission examined the procedural fairness of the agreement-making process, ensuring that all parties had an opportunity to participate and express their views. The Commission found that the agreement had been made in good faith and without any coercion, and that it covered all the required matters as stipulated in the Fair Work Act. The Commission concluded that the agreement did not contain any terms that were contrary to the public interest and therefore approved the application for the agreement’s registration. The agreement was found to be valid and was registered accordingly.

The final orders of the Commission were that the Lift Engineering Pty Ltd/ ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 be approved and registered under the Fair Work Act 2009. The agreement was deemed to be in force from the date of the Commission’s decision, providing a legally binding framework for the employment conditions of the parties involved.

“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