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

[2014] FWCA 1568

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)
(AG2013/10413)

INTEGRATED MAINTENANCE SERVICES PTY LTD T/AS PROGRAMMED IMS METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MARCH 2014

Application for approval of the Integrated Maintenance Services Pty Ltd T/as Programmed IMS Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Maintenance Services Pty Ltd T/as Programmed IMS Metals Labour Hire Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Integrated Maintenance Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The parties have asked for two minor corrections to be made to the Agreement and I am satisfied that these meet the requirements under s.586 of the Act:

● The reference to clause 12 appearing in clause 5 should read “clause 11”.

● In clause 9.5 the words “Subject to 10.11 and 10.12, below where,” should be deleted and the sentence commence with “Where”.

[5] The AMWU and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) lodged an application for approval of the Programmed IMS Metals Labour Hire Agreement 2013-2016 with the Fair Work Commission (FWC). The dispute involved the terms of the labour hire agreement between Programmed IMS Metals and its employees, as well as the role of the AMWU as the representative union for these employees. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the FWC were whether the proposed labour hire agreement was genuinely an agreement between the employer and the employees, and whether it complied with the Fair Work Act's requirements. Specifically, the FWC had to consider whether the agreement provided for appropriate terms and conditions of employment, including minimum wages, leave entitlements, and other conditions that were not less favourable than those set out in the relevant award or registered agreement. Additionally, the FWC needed to assess whether the agreement was in the best interests of the employees and whether it provided a fair and reasonable framework for their employment.

In evaluating the application, the FWC examined the terms of the proposed labour hire agreement and the submissions made by the AMWU and Programmed IMS Metals. The FWC found that the agreement contained terms that were not less favourable than those in the relevant award and provided for appropriate conditions of employment. The FWC also determined that the agreement was in the best interests of the employees and would provide a fair and reasonable framework for their employment. Consequently, the FWC approved the Programmed IMS Metals Labour Hire Agreement 2013-2016.

The FWC's final order was that the Programmed IMS Metals Labour Hire Agreement 2013-2016 be approved, effective from the date of the decision. The approval meant that the agreement would serve as the basis for the terms and conditions of employment for the employees covered by the agreement. The FWC's decision ensured that the employees would receive fair and reasonable terms of employment, consistent with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established