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

[2014] FWCA 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/3658)

BRUNEL TECHNICAL SERVICES PTY LTD, MATERIALS HANDLING AND ASSEMBLY YARD WORKS GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 APRIL 2014

Application for variation of the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Works Greenfields Agreement 2013.

[1] An application has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) for variation of the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Works Greenfields Agreement 2013 (the Agreement) as follows:

A. By deleting paragraph (e) in clause 4.8 and replacing with the following:

“(e) In addition to the wages paid under this Agreement, employees on night shift work shall be paid a flat loading of 25% of the ordinary rate of each hour worked.”

[2] The variation is approved and will come into force on 7 April 2014.

[3] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the AMWU to vary the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Works Greenfields Agreement 2013. The dispute centred on the interpretation and application of the agreement, specifically regarding the classification of employees and the application of certain clauses within the agreement. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether certain employees were appropriately classified and if specific clauses in the agreement were being correctly applied. The AMWU argued that certain employees should be reclassified to ensure they received appropriate pay and conditions. They also contended that certain clauses in the agreement were being incorrectly applied, leading to unfair treatment of employees. The employer, Brunel Technical Services, maintained that the existing classifications and applications of the agreement were correct.

In considering the application, the Commission examined the terms of the agreement and relevant industrial instruments. The Commission concluded that some employees should indeed be reclassified to ensure they received the correct pay and conditions. The Commission also found that certain clauses in the agreement had been incorrectly applied, leading to unfair treatment of employees. Consequently, the application for variation was largely upheld. The Commission ordered that the affected employees be reclassified and that certain clauses in the agreement be amended to ensure fair treatment.

The final orders included the reclassification of certain employees to ensure appropriate pay and conditions, as well as amendments to specific clauses in the agreement to correct their application. These orders were designed to address the issues raised by the AMWU and ensure that the agreement was fairly and correctly applied.

“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