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

[2014] FWCA 1145

The attached document replaces the document previously issued with the above code on 13 February 2014.

It is amended by the insertion of the first page of Appendix A which was missing from previous document.

Fran Cashman

Associate to Commissioner Ryan

Dated: 17 February 2014

[2014] FWCA 1145

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)
(AG2014/196)

G.T. & J.A. JONES PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the G.T. & J.A. Jones Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the G.T. & J.A. Jones Pty Ltd Metals Labour Hire Agreement 2013-2016 (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 single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to the consultation clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that the Australian Workers’ Union (AWU) and the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case before the court involved an application by the AMWU for the approval of the G.T. & J.A. Jones Pty Ltd Metals Labour Hire Agreement 2013-2016. The agreement sought to be approved was made under section 195 of the Fair Work Act 2009, to be applied in the absence of an enterprise agreement. The dispute centred on the validity and appropriateness of the agreement terms and the process through which the union had applied for its approval.

The legal issues before the court encompassed the procedural correctness of the union's application, the compliance of the agreement with statutory requirements, and whether the terms proposed were fair and reasonable. The court needed to ensure that the application process adhered to the provisions of the Fair Work Act, that the agreement itself met the legislative standards for such agreements, and that the terms were equitable for both the employer and the employees.

The court examined the application process and found it to be procedurally sound, with the AMWU following the necessary steps under the Fair Work Act. It assessed the terms of the proposed agreement and concluded that they were fair and reasonable, meeting the criteria set by the legislation. The court approved the agreement, finding it to be consistent with the statutory requirements and beneficial for the parties involved. The final orders included the approval of the G.T. & J.A. Jones Pty Ltd Metals Labour Hire Agreement 2013-2016, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established