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

[2014] FWCA 1482

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)
(AG2014/336)

AMWU AND THE I C STAINLESS COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 3 MARCH 2014

Application for approval of the AMWU and the I C Stainless Collective Bargaining Workshop Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the I C Stainless Collective Bargaining Workshop Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been 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 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 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 matter involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), and was heard in the Fair Work Commission. The union sought approval of the I C Stainless Collective Bargaining Workshop Agreement 2011, which aimed to regulate the terms and conditions of employment for employees within the I C Stainless industry. The AMWU submitted that the agreement was fair and reasonable, meeting all necessary criteria under the Fair Work Act 2009. The primary legal issue before the commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly focusing on whether the agreement met the requirements for fairness and reasonableness.

The commission considered the relevant statutory provisions and examined the content of the agreement to determine if it was fair and reasonable. The commission noted that the agreement contained standard provisions regarding wages, working hours, leave entitlements, and other employment conditions, which appeared to be in line with industry norms. The union argued that the agreement was the result of genuine collective bargaining and was reflective of the needs of the employees and the business. The commission also considered the absence of any adverse submissions from other parties or stakeholders, which indicated the agreement’s acceptability. After reviewing the agreement and the arguments presented, the commission concluded that the agreement was fair and reasonable, meeting all necessary criteria under the Fair Work Act 2009.

The Fair Work Commission approved the I C Stainless Collective Bargaining Workshop Agreement 2011, finding it to be fair and reasonable. The commission’s decision was based on the comprehensive nature of the agreement, the process of collective bargaining, and the lack of adverse submissions. The approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable. This outcome provides clarity and certainty for the employees and employers within the I C Stainless industry, facilitating a stable and fair working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established