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

[2014] FWCA 1665

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)
(AG2014/3865)

QUALIFIED CONSTRUCTIONS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 11 MARCH 2014

Application for approval of the QUALIFIED CONSTRUCTIONS and AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the QUALIFIED CONSTRUCTIONS and AMWU Metal Engineering On-Site Construction Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 11 March 2014 and, in accordance with s.54, will operate from 18 March 2014. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) and Qualified Constructions Pty Ltd were parties to an enterprise agreement, the AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The union applied for the Fair Work Commission's approval of the agreement under section 234 of the Fair Work Act 2009. The application came before the Commission, which was required to determine whether the agreement met the criteria for approval, including whether it facilitated the improved productivity of the workplace, and whether it was in the public interest. The central legal issue was whether the agreement satisfied the requirements of section 235 of the Act. This included considering whether the agreement provided for appropriate mechanisms to resolve workplace disputes, and whether it contained appropriate terms to ensure that employees were treated fairly and equitably.

The Commission considered the terms of the agreement and the evidence presented by both parties. The agreement included provisions for the resolution of workplace disputes, including a requirement for the employer to consult with the union on any proposed changes to the agreement. The Commission also considered the evidence of the productivity benefits of the agreement, as well as the public interest considerations. Ultimately, the Commission was satisfied that the agreement met the requirements of the Act and approved the agreement. The Commission found that the agreement facilitated improved productivity of the workplace and was in the public interest.

The Fair Work Commission approved the AMWU Metal Engineering On-Site Construction Agreement 2011-2014, finding that it met the requirements of section 235 of the Fair Work Act 2009. The agreement was approved on the basis that it facilitated the improved productivity of the workplace and was in the public interest. The agreement included appropriate mechanisms for the resolution of workplace disputes and contained appropriate terms to ensure that employees were treated fairly and equitably. The Commission's decision provides guidance to employers and unions on the types of provisions that may be included in an enterprise agreement to ensure its approval by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established