“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

[2014] FWCA 8610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/9589)

AMWU AND THE HAIOS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 DECEMBER 2014

Application for variation of the AMWU and the HAIOS Pty Ltd Collective Bargaining Workshop Agreement 2011.

[1] An application has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), pursuant to s.210 of the Fair Work Act 2009 (the Act) to vary the HAIOS Pty Ltd Collective Bargaining Workshop Agreement 2011 (the Agreement). The variations sought to the Agreement relate to the various matters which include wage rates, allowances, superannuation, casual labour, severance, apprentices and public holiday provisions.

[2] The varied Agreement contains a nominal expiry date of 30 June 2017. This date is more than 4 years after the date of approval of the Agreement (which was 14 June 2012) and therefore contravenes s.211 of the Act.

[3] An undertaking has been given in relation to the nominal expiry date which satisfies my concern 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.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 6 October 2014.

[5] 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.

[6] The Agreement as varied meets the relevant requirements in s.186 of the Act.

[7] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] Pursuant to s.216 of the Act, the variation operates from 1 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers' Union (AMWU) and HAIOS Pty Ltd. The union sought a variation to the existing Collective Bargaining Workshop Agreement 2011 to include provisions that would facilitate a return-to-work agreement for employees who had been on strike. The FWC was tasked with determining whether the proposed changes were appropriate and in line with the objectives of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed changes to the existing agreement were necessary and appropriate to address the industrial action and to ensure fair and reasonable terms for all parties involved. This involved assessing whether the proposed changes were consistent with the principles of good faith bargaining and whether they were necessary to achieve a resolution of the industrial dispute. Additionally, the FWC had to consider whether the changes would promote workplace harmony and productivity.

In its decision, the FWC found that the proposed changes were necessary to facilitate a return-to-work agreement and to address the ongoing industrial dispute. The FWC emphasised the importance of good faith bargaining and the need for all parties to work collaboratively to resolve the dispute. The FWC concluded that the proposed changes were appropriate and in line with the objectives of the Fair Work Act. The FWC also noted that the changes would promote workplace harmony and productivity, which was in the best interests of all parties involved.

The FWC ordered that the existing Collective Bargaining Workshop Agreement 2011 be varied to include the provisions proposed by the AMWU. The specific changes included provisions for a return-to-work agreement, which would allow employees who had been on strike to return to work under fair and reasonable terms. The FWC also noted that the changes were to be implemented in a manner that ensured the rights of all parties were protected and that the dispute was resolved in a timely and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established