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)
(AG2015/878)

QUALIFIED CONSTRUCTION AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 MAY 2015

Application for approval of the Qualified Construction and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Qualified Construction and AMWU Metal Engineering On-Site Construction 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 matter before the Fair Work Commission involved an application for the approval of a new agreement, specifically the Qualified Construction and AMWU Metal Engineering On-Site Construction Agreement 2014. The dispute arose between the Australian Manufacturing Workers’ Union, also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and various employers within the construction and metal engineering sectors. The AMWU sought approval of the agreement under section 231 of the Fair Work Act 2009, which governs the registration of new enterprise agreements.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the requirements of the Fair Work Act. This included ensuring the agreement was a bona fide enterprise agreement, covered employees who had genuinely agreed to its terms, and met the procedural and substantive fairness tests. The Commission also needed to verify that the agreement did not unfairly discriminate against employees, and that it contained minimum entitlements as stipulated by the Act.

After reviewing the application and the evidence presented, the Fair Work Commission found that the agreement met all the necessary criteria. The agreement was deemed to be a genuine enterprise agreement, with employees having voluntarily agreed to its terms. The Commission determined that the agreement was procedurally and substantively fair, did not unfairly discriminate against any group of employees, and complied with all minimum entitlements as required by the Act. Consequently, the Commission approved the Qualified Construction and AMWU Metal Engineering On-Site Construction Agreement 2014, endorsing it as a legally binding enterprise agreement under the Fair Work Act.

“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