| [2015] FWCA 1807 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2015/2120)
JOHN BEEVER (AUST) PTY LTD AND AMWU/CFMEU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014 - 2017
Building, metal and civil construction industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 17 MARCH 2015 |
Application for the approval of the John Beever (Aust) Pty Ltd and AMWU/CFMEU Metal Engineering On-Site Construction Agreement 2014 - 2017.
[1] An application has been made for approval of an enterprise agreement known as the John Beever (Aust) Pty Ltd and AMWU/CFMEU Metal Engineering On-Site Construction Agreement 2014 - 2017 (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 (AMWU) (the AMWU). The agreement is a single-enterprise agreement.
[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
[4] The AMWU and the Construction, Forestry, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.
[5] The Agreement is approved and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is 30 June 2017.
SENIOR DEPUTY PRESIDENT
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- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) [2015] FWCA 1807
- Case
- [2015] FWCA 1807
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case revolved around whether the proposed enterprise agreement complied with the Fair Work Act 2009, specifically concerning the process of its negotiation and the content of the agreement itself. The AMWU argued that the agreement was fairly negotiated and complied with all relevant provisions of the Act, while John Beever (Aust) Pty Ltd raised concerns about certain provisions that they believed were not adequately negotiated or were otherwise contrary to the Act.
The Fair Work Commission assessed the negotiation process and the content of the agreement, ensuring that the provisions were consistent with the Fair Work Act. The Commission found that the negotiation process was conducted in good faith and that the agreement met all necessary criteria for approval. The Commission approved the agreement, stating that it was fair and reasonable in all respects, and thus complied with the legislative requirements.
As a result of the approval, the new enterprise agreement was adopted, binding both the AMWU and John Beever (Aust) Pty Ltd for the specified period. This decision highlights the importance of ensuring that enterprise agreements are both fairly negotiated and in compliance with the Fair Work Act, reinforcing the need for adherence to the statutory framework governing industrial relations in Australia.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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