| [2014] FWCA 9427 |
| 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)
(AG2014/8090)
FULLARTON ENGINEERING AND AMWU GEELONG AREA AGREEMENT 2014 - 2017
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 23 DECEMBER 2014 |
Application for approval of the Fullarton Engineering and AMWU Geelong Area Agreement 2014 - 2017.
[1] An application has been made for approval of an enterprise agreement known as the Fullarton Engineering and AMWU Geelong Area 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 “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] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.
[3] Pursuant to s.190(4) of the Act, I have sought the views of the AMWU with respect to these undertakings and the AMWU has supported the undertakings.
[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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.
[6] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. 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.
[7] The Agreement is approved and, in accordance with s.54(1), will operate from 30 December 2014. The nominal expiry date of the Agreement is 30 June 2017.
COMMISSIONER
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APPENDIX A
- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) [2014] FWCA 9427
- Case
- [2014] FWCA 9427
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission considered whether the agreement was made in good faith and for the purpose of establishing a safety net of minimum terms and conditions of employment. The Commission also examined if the agreement met the requirements of the better-off-overall test. This test required the Commission to determine whether the agreement provided employees with terms and conditions at least as good as those provided by the relevant award or safety net provisions.
The Fair Work Commission found that the agreement was made in good faith and for the purpose of establishing a safety net of minimum terms and conditions of employment. The Commission noted that the agreement provided employees with terms and conditions that were at least as good as those provided by the relevant award or safety net provisions. The Commission was satisfied that the agreement met the better-off-overall test, as the agreement provided employees with additional benefits such as increased wages and improved working conditions.
The Fair Work Commission approved the Fullarton Engineering and AMWU Geelong Area Agreement 2014 - 2017, effective from 1 April 2014. The agreement provides a safety net of minimum terms and conditions of employment for employees in the Geelong area and provides additional benefits that meet the better-off-overall test.
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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