| [2015] FWCA 2373 |
| FAIR WORK COMMISSION |
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)
(AG2015/708)
AMWU AND THE SPUD AND STIBBO PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 7 APRIL 2015 |
Application for approval of the AMWU and the Spud and Stibbo Pty Ltd Collective Bargaining Workshop Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Spud and Stibbo Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by “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] 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 organisation.
[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 Agreement is approved and, in accordance with s.54(1), will operate from 14 April 2015. The nominal expiry date of the Agreement is 30 June 2017.
COMMISSIONER
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- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) [2015] FWCA 2373
- Case
- [2015] FWCA 2373
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement contained terms that were contrary to the public interest or were otherwise unacceptable. The Commission was required to consider the terms of the agreement in the context of the Fair Work Act and the Fair Work Regulations, and to determine whether the agreement provided for a fair and reasonable balance of rights and obligations between the parties. The Commission also needed to assess whether the agreement complied with the requirements for approval of a new agreement under section 229 of the Fair Work Act.
The Commission found that the agreement was generally in line with the provisions of the Fair Work Act and the Fair Work Regulations. It noted that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and did not contain any terms that were contrary to the public interest. The Commission concluded that the agreement was acceptable and approved it under section 230 of the Fair Work Act. The AMWU and Spud and Stibbo Pty Ltd were directed to take all necessary steps to give effect to the approved agreement.
The Fair Work Commission approved the Spud and Stibbo Pty Ltd Collective Bargaining Workshop Agreement 2014, and directed the parties to take all necessary steps to give effect to the agreement. The Commission found that the agreement provided for a fair and reasonable balance of rights and obligations between the parties and did not contain any terms that were contrary to the public interest. The approval of the agreement ensures that the employees of Spud and Stibbo Pty Ltd will benefit from the terms and conditions set out in the agreement, and provides certainty and stability in the workplace.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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