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)
(AG2015/880)

AMWU AND THE QUALIFIED CONSTRUCTION COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 MAY 2015

Application for approval of the AMWU and the Qualified Construction Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Qualified Construction 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 the “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] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union 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 was approved on 4 May 2015 and, in accordance with s.54 of the Act, will operate from 11 May 2015. 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) sought approval of the Qualified Construction Collective Bargaining Workshop Agreement 2014. The application was heard by the Fair Work Commission. The AMWU, which represents workers in various industries, sought the Commission’s approval of the agreement which was intended to govern the terms and conditions of employment for workers in the construction industry. The dispute centred on whether the agreement met the requirements set out in the Fair Work Act 2009.

The Commission had to determine whether the agreement complied with the relevant provisions of the Fair Work Act. This included examining whether the agreement was a genuine agreement and whether it contained the required minimum terms and conditions as prescribed by the Act. The Commission also had to consider whether the agreement would be beneficial to the parties involved and whether it would promote workplace harmony. Furthermore, the Commission needed to assess whether the agreement would result in any adverse economic consequences for the parties or the broader industry.

The Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement was a genuine agreement that contained the required minimum terms and conditions. The Commission also determined that the agreement would be beneficial to the parties involved and would promote workplace harmony. Additionally, the Commission found that the agreement would not result in any adverse economic consequences for the parties or the broader industry. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Qualified Construction Collective Bargaining Workshop Agreement 2014, subject to certain conditions. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years. The Commission also imposed certain conditions on the agreement, including a requirement for the parties to engage in good faith negotiations to resolve any disputes that may arise during the term of the agreement.

“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