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)
(AG2015/2071)

AMWU AND THE ACCESS SAFETY SERVICES COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MAY 2015

Application for approval of the AMWU and the Access Safety Services Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Access Safety Services Collective Bargaining Workshop Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the “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 of the Act as are relevant to this application for approval have been met.

[3] The 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought approval of the Access Safety Services Collective Bargaining Workshop Agreement 2014. This application was heard in the Fair Work Commission (FWC). The agreement sought to be approved related to employees in the occupational health and safety industry. The primary legal issue the FWC was required to decide was whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the FWC needed to determine whether the agreement was a genuine enterprise agreement, met the "better off overall test" (BOOT), and complied with the good faith bargaining provisions.

The FWC determined that the agreement was a genuine enterprise agreement as it was made between the AMWU and Access Safety Services, and it covered employees in the nominated enterprise. The FWC found that the agreement met the BOOT, as it provided employees with a minimum of ten per cent improvement in pay and conditions over the life of the agreement. Furthermore, the FWC was satisfied that the parties had engaged in genuine good faith bargaining throughout the process. The FWC also noted that the agreement provided for appropriate consultation and dispute resolution mechanisms.

Consequently, the FWC approved the Access Safety Services Collective Bargaining Workshop Agreement 2014. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements to be approved by the FWC. The decision also demonstrates the FWC's commitment to facilitating genuine bargaining between employers and employees.

“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