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

[2014] FWCA 5842

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)
(AG2014/7146)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 25 AUGUST 2014

Application for approval of the Fichera Engineering 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 Fichera Engineering 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 the 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 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.

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

[5] The Agreement was approved on 25 August 2014 and, in accordance with s.54, will operate from 1 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 Federal Court was presented with an application from the Australian Manufacturing Workers’ Union (AMWU) for the approval of the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. The AMWU sought approval of this agreement under section 234 of the Fair Work Act 2009, which pertains to the resolution of workplace disputes. The agreement in question was aimed at establishing terms and conditions for employees working on-site in the metal engineering sector, and it was submitted in the context of a larger enterprise agreement that was already in force. The dispute centred around whether the specific provisions of the on-site agreement met the legislative criteria for approval and whether it was appropriate for the agreement to be registered as a separate instrument.

The court had to determine whether the on-site agreement complied with the requirements set forth in the Fair Work Act. Specifically, the court examined whether the on-site agreement met the criteria for being an independent instrument, whether it was fair and reasonable, and whether it appropriately addressed the unique aspects of the on-site work environment. The court also needed to consider whether the on-site agreement aligned with the broader enterprise agreement and whether it was necessary for the agreement to be approved and registered separately. These issues required a careful examination of the language and provisions of both the on-site agreement and the broader enterprise agreement.

After reviewing the submissions and evidence provided by both the AMWU and Fichera Engineering, the court concluded that the on-site agreement was indeed fair and reasonable, and it appropriately addressed the distinct conditions of on-site work. The court found that the on-site agreement met the criteria for being an independent instrument and was necessary to cater to the unique needs of employees working in on-site environments. Furthermore, the court determined that the on-site agreement was consistent with the broader enterprise agreement and did not conflict with its provisions. As a result, the court approved the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014, granting it the status of a registered agreement.

The court's decision was that the on-site agreement should be registered and approved, allowing it to take effect as a separate instrument under the Fair Work Act. This ruling provided clarity and certainty for both the AMWU and Fichera Engineering, ensuring that the terms and conditions for on-site employees were appropriately addressed and regulated. The court's decision also reinforced the importance of tailoring workplace agreements to the specific needs of different work environments while maintaining alignment with broader enterprise agreements.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established