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

[2014] FWCA 1946

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)
(AG2014/625)

STABLE ENGINEERING AND AMWU CFMEU COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 MARCH 2014

Application for approval of the Stable Engineering and AMWU CFMEU Collective Bargaining Workshop Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Stable Engineering and AMWU CFMEU Collective Bargaining Workshop Agreement 2012 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and these undertaking have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union and the Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 28 March 2014. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission for approval of the Stable Engineering and AMWU CFMEU Collective Bargaining Workshop Agreement 2012. The dispute centred on the application of the relevant industrial laws to the workshop agreement and whether it met the criteria for approval. The matter was heard by the Fair Work Commission, a federal body with jurisdiction over employment and industrial relations matters.

The primary legal issue was whether the workshop agreement was a "good faith" agreement that complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was negotiated in good faith, was a genuine agreement between the parties, and whether it met the requirements for approval under the Act. The AMWU argued that the agreement was a genuine collective bargaining product, while the employer contested the application on various grounds, including procedural fairness and compliance with the Act.

The Fair Work Commission found that the application met the requirements for approval. The court examined the negotiation process and the content of the agreement, concluding that it was a genuine collective bargaining outcome. The AMWU provided evidence of the negotiation process, including the participation of union representatives and the employer's willingness to engage in good faith. The court found that the agreement met the criteria for approval, as it was negotiated in good faith and contained provisions that were consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the application for the Stable Engineering and AMWU CFMEU Collective Bargaining Workshop Agreement 2012, confirming its compliance with the relevant industrial laws. The court's decision underscored the importance of genuine collective bargaining and the role of the Fair Work Commission in facilitating fair and effective workplace 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