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)
(AG2016/927)

SKYLINE MECHANICAL SERVICES & AMWU / ETU (VICTORIA) 2015 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 18 MAY 2016

Application for approval of the Skyline Mechanical Services & AMWU / ETU (Victoria) 2015 Enterprise Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Skyline Mechanical Services & AMWU / ETU (Victoria) 2015 Enterprise Agreement (Agreement). The application was made by the “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 the “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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia anf that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2016. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Manufacturing Workers’ Union (AMWU) and the Electrical Trades Union (ETU) (Victoria), sought approval of the Skyline Mechanical Services & AMWU / ETU (Victoria) 2015 Enterprise Agreement. The respondents were the employer, Skyline Mechanical Services, and several of its employees. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission heard the matter and was required to decide whether the agreement met the ‘better off overall test’ (BOOT) as set out in section 230(1)(a) of the Act.

The AMWU and ETU argued that the agreement was fair and reasonable, and that it met the BOOT. They submitted that the agreement provided for fair rates of pay and conditions that were no worse than those provided under the relevant award. The respondents, on the other hand, argued that the agreement did not meet the BOOT as it did not provide for sufficient protections for employees in terms of hours of work, penalties for contraventions, and other conditions. The Commission was required to weigh the submissions and determine whether the agreement met the BOOT.

The Commission found that the agreement met the BOOT. It noted that the agreement provided for fair rates of pay and conditions that were no worse than those provided under the relevant award. It also found that the agreement provided for sufficient protections for employees in terms of hours of work, penalties for contraventions, and other conditions. The Commission was satisfied that the agreement was fair and reasonable, and that it met the BOOT. The application was approved.

The Commission made an order approving the Skyline Mechanical Services & AMWU / ETU (Victoria) 2015 Enterprise Agreement. The order was effective from the date of the Commission’s decision. The agreement was registered on the Register of Approved Agreements, and the parties were bound by its terms.

“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

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Legal Principle Established