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

[2014] FWCA 6521

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)
(AG2014/8852)

GAVCON GROUP PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Gavcon Group Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gavcon Group Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) and Gavcon Group Pty Ltd sought approval for the AMWU Metal Engineering On-Site Construction Agreement 2014. The application was heard by the Fair Work Commission. The central dispute was whether the proposed agreement met the necessary standards for approval under the Fair Work Act 2009. The AMWU argued that the agreement was necessary to cover specific terms for the metal engineering industry, while Gavcon Group Pty Ltd supported the agreement as a necessary tool for efficient on-site construction operations.

The court needed to determine if the agreement provided for the fair treatment of employees, met the "better off overall test", and adhered to the principles of the Fair Work Act. The court also had to consider whether the agreement contained provisions that were not in the best interest of the employees and whether it adequately protected employees' rights and interests.

The Fair Work Commission found that the proposed agreement was fair and met the necessary standards for approval. The court determined that the agreement provided for the fair treatment of employees, met the better off overall test, and adhered to the principles of the Fair Work Act. The court also found that the agreement contained provisions that were in the best interest of the employees and adequately protected their rights and interests. The application was approved, and the agreement was registered with the Fair Work Commission.

The Fair Work Commission ordered the registration of the AMWU Metal Engineering On-Site Construction Agreement 2014, allowing it to be used as a registered agreement under the Fair Work Act. The decision confirmed the importance of registered agreements in providing fair and effective terms for both employers and employees in the metal engineering industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established