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

[2014] FWCA 5854

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)
(AG2014/7145)

AMWU AND THE FICHERA ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 AUGUST 2014

Application for approval of the AMWU and the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014 (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] 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.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 1 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was called upon to decide on an application for the approval of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), also known as the Australian Manufacturing Workers’ Union, and the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014. This decision came about because the AMWU and Fichera Engineering Pty Ltd sought to have their collective agreement recognised as a safety net agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for safety net protection, particularly in terms of minimum pay rates, penalty rates, and other conditions of employment that are essential to ensure fair and just treatment of workers.

The primary legal issue before the court was whether the agreement provided adequate protection for the workers in terms of minimum wages, penalty rates, and other employment conditions. The court was required to examine the specifics of the agreement to determine if it met the safety net requirements outlined in the Fair Work Act. This involved an analysis of the provisions concerning remuneration, hours of work, leave entitlements, and other key aspects of employment that are critical for safeguarding workers' rights.

In its decision, the court thoroughly examined the terms of the agreement. The court found that while the agreement did provide for certain minimum pay rates and conditions, it did not sufficiently cover all the necessary safety net provisions. Specifically, the court identified gaps in the agreement that failed to adequately protect workers in terms of overtime rates and other critical employment conditions. Consequently, the court concluded that the agreement did not meet the statutory requirements for safety net protection under the Fair Work Act. The court did not grant the application for approval of the agreement, thereby ensuring that the workers' rights were adequately safeguarded.

The final orders of the court were that the application for approval of the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014 by the AMWU was dismissed. This decision underscored the importance of ensuring that all collective agreements provide comprehensive protection for workers, aligning with the statutory safety net provisions intended to safeguard workers' rights and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established