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)
(AG2016/819)

BMC WELDING & CONSTRUCTION PTY LTD (OTWAY GAS) MECHANICAL MAINTENANCE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the BMC Welding & Construction Pty Ltd (Otway Gas) Mechanical Maintenance Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BMC Welding & Construction Pty Ltd (Otway Gas) Mechanical Maintenance Agreement 2016 (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 (AMWU). 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 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 case before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), and BMC Welding & Construction Pty Ltd. The dispute centred around the application for approval of the BMC Welding & Construction Pty Ltd (Otway Gas) Mechanical Maintenance Agreement 2016. The AMWU sought to have the agreement, which was entered into between the employer and a group of employees, recognised as a certified agreement under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was genuinely negotiated, and whether it provided for a fair and effective method of resolving disputes between the parties. Additionally, the Commission had to consider whether the agreement met the criteria for being approved as a certified agreement, including provisions for minimum rates of pay, hours of work, and other conditions of employment. The Commission also had to determine whether the agreement complied with the requirements of the Fair Work Act, including the protection of employees’ rights and interests.

The Commission found that the agreement was genuinely negotiated and provided for a fair and effective method of resolving disputes between the parties. The agreement met the criteria for being approved as a certified agreement, including provisions for minimum rates of pay, hours of work, and other conditions of employment. The Commission also found that the agreement complied with the requirements of the Fair Work Act, including the protection of employees’ rights and interests. The Commission approved the agreement, subject to certain modifications, and certified it as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the BMC Welding & Construction Pty Ltd (Otway Gas) Mechanical Maintenance Agreement 2016, subject to modifications, and certified it as a registered agreement under the Fair Work Act. The modifications related to the agreement’s provisions for shift loadings, overtime, and penalty rates. The AMWU and BMC Welding & Construction Pty Ltd were directed to work together to finalise the modifications and lodge the certified agreement with the Commission within 28 days of the decision.

“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