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

[2014] FWCA 4943

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)
(AG2014/1738)

AMWU AND CONSTRUCTION CONTRACT LABOUR (VIC PTY) METALS LABOUR HIRE AGREEMENT 2013 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 JULY 2014

Application for approval of the AMWU and Construction Contract Labour (VIC PTY) Metals Labour Hire Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Construction Contract Labour (VIC PTY) Metals Labour Hire Agreement 2013 - 2016 (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 greenfields agreement.

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

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 30 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Manufacturing Workers’ Union (AMWU) and Construction Contract Labour (VIC) Pty Ltd Metals, sought approval of the Metals Labour Hire Agreement 2013-2016. The agreement was intended to regulate employment conditions for labour hire workers within the metals industry. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009, specifically whether it met the criteria for being a lawful agreement under the Act. The court had to consider if the agreement provided fair and reasonable terms, if it was made in good faith, and if it covered the necessary protections for workers. Additionally, the court needed to ensure that the agreement did not contravene any provisions of the Fair Work Act. The Fair Work Commission examined the agreement closely, considering the nature of labour hire arrangements and the protections necessary for such workers. The Commission found that the agreement provided adequate protections and terms for the workers, and it was made in good faith. The agreement was deemed to be fair and reasonable, and it did not contravene any provisions of the Fair Work Act. The Commission approved the Metals Labour Hire Agreement 2013-2016, recognising it as a lawful agreement under the Act. The decision highlighted the importance of ensuring fair conditions for labour hire workers and the need for such agreements to be carefully scrutinised to protect the rights of the workers involved.

“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