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

[2014] FWCA 1751

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)
(AG2014/199)

FULLARTON ENGINEERING AND AMWU GEELONG AREA AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 MARCH 2014

Application for approval of the Fullarton Engineering and AMWU Geelong Area Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Fullarton Engineering and AMWU Geelong Area Agreement 2011-2014 (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, are 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 21 March 2014.The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Fullarton Engineering and the Australian Manufacturing Workers’ Union (AMWU) Geelong Area, covering the period 2011 to 2014. The dispute centred on the terms and conditions of employment as stipulated in the proposed agreement, with the AMWU seeking formal endorsement from the Commission. The case was heard in the Fair Work Commission, Australia’s workplace relations tribunal, which is responsible for overseeing the approval and enforcement of enterprise agreements.

The primary legal issues addressed in this case revolved around whether the proposed agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the necessary ‘safety net’ provisions, and if it met the criteria for ‘fairness’ as required by the legislation. The Commission also had to consider whether the agreement would adversely affect the ‘no disadvantage test’ for employees not covered by the agreement.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The Commission confirmed that the agreement was made in good faith, contained all the mandated safety net provisions, and was fair in terms of the balance of rights and obligations. Furthermore, the Commission concluded that the agreement would not result in a disadvantage for employees not covered by it. Consequently, the Fullarton Engineering and AMWU Geelong Area Agreement 2011-2014 was approved, effective from the date of the decision.

“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