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)
(AG2015/816)

AMWU AND THE GT AND JA JONES ENGINEERING VIRIDIAN DANDENONG COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 APRIL 2015

Application for approval of the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers the AMWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 1 May 2015.The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) sought approval for the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2014-2017. The application was brought before the Fair Work Commission. The dispute centred around whether the terms of the collective agreement complied with the Fair Work Act 2009, specifically whether they were consistent with the ‘better off overall test’ (BOOT) and the ‘no disadvantage test’ (NDT).

The primary legal issues the court needed to address were whether the proposed changes in the agreement would result in employees being no worse off financially, and whether the changes would offer sufficient benefits to make employees better off overall. The court considered the specific clauses of the agreement, the current conditions of employment, and the financial implications for the employees. It also examined whether the proposed changes were necessary for the smooth operation of the workplace, and whether they aligned with broader industrial objectives.

The court concluded that the proposed changes met the requirements of the BOOT and NDT. The agreement provided employees with certain benefits that, while not significantly increasing their financial remuneration, offered improved working conditions and job security. The court found that these improvements were sufficient to satisfy the BOOT, as they provided meaningful benefits beyond just financial compensation. Additionally, the court was satisfied that no employee would be disadvantaged by the new agreement. The court approved the agreement, recognising the balance it struck between the needs of the employees and the operational requirements of the employer.

The final orders included the approval of the AMWU and the GT and JA Jones Engineering Viridian Dandenong Collective Bargaining Workshop Agreement 2014-2017, with the effective date set from the approval date.

“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