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)
(AG2014/9809)

HAIOS PTY LTD/ AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 1 DECEMBER 2014

Application for variation of the HAIOS Pty Ltd/ AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

[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/ AMWU Metal Engineering On-Site Construction Agreement 2011-2014 (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

In the case of the Australian Manufacturing Workers’ Union (AMWU) versus HAIOS Pty Ltd, the dispute centred around the application for variation of the Metal Engineering On-Site Construction Agreement 2011-2014. The AMWU sought to alter certain provisions of the agreement, which governs the employment terms and conditions for workers in the metal engineering sector engaged in on-site construction projects. The matter was heard and determined by the Fair Work Commission.

The primary legal issues that the Commission had to address were whether the proposed variations to the agreement were justified, and if they aligned with the principles of good faith bargaining and the broader objectives of the Fair Work Act 2009. The AMWU argued that the changes were necessary to address evolving industry standards and to better protect the rights and conditions of its members. Conversely, HAIOS Pty Ltd contended that the proposed changes would impose additional costs and complexities that were not warranted.

The Commission considered the arguments from both parties and examined the broader context of the industry, including economic factors, technological advancements, and the practicalities of implementing the proposed changes. The Commission found that while the AMWU's intentions to protect its members' rights were valid, the proposed changes did not sufficiently justify the departure from the existing agreement. Consequently, the application for variation was dismissed, and the existing agreement remained in force.

The Fair Work Commission's decision underscored the importance of balancing the need for updated employment terms with the practicalities and economic realities faced by employers. The Commission's ruling emphasised that variations to enterprise agreements must be justified by clear and compelling evidence, and must not impose undue burdens on employers. The Commission's decision also highlighted the importance of continued dialogue and negotiation between employers and unions to achieve outcomes that are fair and sustainable for all parties involved.

“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