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

[2014] FWCA 2357

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)
(AG2014/662)

MECHANICAL MAINTENANCE SOLUTIONS PTY LTD (MMS) AMWU AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, GREENFIELDS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2014

Application for approval of the Mechanical Maintenance Solutions Pty Ltd (MMS) AMWU Agreement for Yallourn Power Station and Opencut Mine Victoria, Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions Pty Ltd (MMS) AMWU Agreement for Yallourn Power Station and Opencut Mine Victoria, Greenfields Enterprise Agreement 2013 (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] An undertaking has been given in relation to clauses 22.4.1 of the Agreement 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 the 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and Mechanical Maintenance Solutions Pty Ltd (MMS), concerning the approval of the AMWU Agreement for Yallourn Power Station and Opencut Mine Victoria, Greenfields Enterprise Agreement 2013. The union sought approval for the enterprise agreement from the Fair Work Commission, under section 230 of the Fair Work Act 2009. The application required the Commission to determine whether the agreement met the requirements for approval, including being free from provisions that would have an adverse effect on the safety of employees or the public.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, if the union had sufficient representation to seek the agreement, and whether the agreement contained any provisions that would have an adverse effect on the safety of employees or the public. The Commission also needed to consider whether the agreement contained any provisions that would result in a person being paid less than the applicable award or registered agreement. The Commission had to examine the agreement's provisions and determine whether they met the requirements of the Fair Work Act.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and that the union had sufficient representation to seek the agreement. The Commission also found that the agreement did not contain any provisions that would have an adverse effect on the safety of employees or the public, nor did it result in any person being paid less than the applicable award or registered agreement. The Commission approved the agreement, finding that it met the requirements for approval under section 231 of the Fair Work Act.

The Commission approved the Mechanical Maintenance Solutions Pty Ltd (MMS) AMWU Agreement for Yallourn Power Station and Opencut Mine Victoria, Greenfields Enterprise Agreement 2013, effective from 1 July 2013. The decision is a positive outcome for the parties involved, as it provides certainty and stability in the workplace. The approval of the agreement also ensures that the employees are protected by fair and reasonable terms and conditions of employment.

“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