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)
(AG2016/1650)

AMWU AND THE RISE UP STAIRFORMS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 JULY 2016

Application for approval of the AMWU and the RISE UP STAIRFORMS PTY LTD Collective Bargaining Workshop Agreement 2014 (“the Agreement”).

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the RISE UP STAIRFORMS PTY LTD Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

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 approval of a collective bargaining workshop agreement with RISE UP STAIRFORMS PTY LTD. The nature of the dispute involved the specifics of the agreement and its compliance with relevant employment laws. The court responsible for this decision was the Fair Work Commission.

The legal issues centred on the interpretation and validity of the Agreement, specifically whether it adhered to the requirements of the Fair Work Act 2009. This included scrutiny of the bargaining process, the terms of the agreement, and the extent to which it provided fair and reasonable terms for employees. Additionally, the court had to assess whether the agreement was made genuinely in the course of genuine enterprise bargaining.

The Fair Work Commission, after considering the evidence and arguments presented, concluded that the Agreement was valid and should be approved. The Commission found that the bargaining process was genuine and that the terms of the agreement were fair and reasonable. The court was satisfied that the agreement was made in good faith and within the scope of enterprise bargaining, thus meeting the statutory requirements. The Commission approved the Agreement, recognising its compliance with the relevant legislative framework.

The final orders of the Commission included the approval of the AMWU and RISE UP STAIRFORMS PTY LTD Collective Bargaining Workshop Agreement 2014, effective from the date of the decision. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between the parties.

“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