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

[2014] FWCA 1481

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)
(AG2014/334)

I C STAINLESS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011 - 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 MARCH 2014

Application for approval of the I C Stainless 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 I C Stainless 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 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 3 March 2014 and, in accordance with s.54, will operate from 10 February 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) applied to the Fair Work Commission for the approval of the IC Stainless and AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The application was made by the union, who represented workers employed in the metal engineering sector. The primary dispute centred on the terms and conditions of employment outlined in the agreement, and the need for its formal approval to ensure compliance with relevant industrial laws. The Fair Work Commission was the judicial body responsible for adjudicating on this matter.

The legal issues before the Commission involved assessing whether the agreement met the statutory criteria for approval as stipulated under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the protection of employees' rights and interests, and if it was made in good faith. Furthermore, the Commission examined whether the agreement's terms were fair and reasonable, and if it adhered to the broader objectives of the Act, such as promoting harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement satisfied the necessary criteria for approval. It concluded that the terms and conditions were fair and reasonable, and that the agreement was made in good faith. The Commission also determined that the agreement provided adequate protections for the employees and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the IC Stainless and AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

The final orders included the formal approval of the agreement, which became a legally binding instrument between the employer and the union, governing the employment terms and conditions for the specified period. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms.

“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