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

[2014] FWCA 967

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)
(AG2014/181)

JNJ MECH SERVICES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011 - 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 10 FEBRUARY 2014

Application for approval of the JNJ Mech Services 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 JNJ Mech Services 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 10 February 2014 and, in accordance with s.54, will operate from 17 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

In the recent case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), the union applied for approval of the JNJ Mech Services and AMWU Metal Engineering On-Site Construction Agreement 2011 - 2014. The applicant union sought to have this agreement recognised as a registered agreement under the Fair Work Act 2009. The primary issue before the court was whether the agreement contained all the necessary provisions required by the legislation and whether the agreement was made in good faith.

The court was tasked with determining if the agreement complied with the statutory requirements for registration. This included assessing whether the agreement contained the minimum terms and conditions as mandated by the Fair Work Act, such as provisions relating to minimum wages, leave entitlements, and dispute resolution mechanisms. Additionally, the court needed to examine whether the agreement had been made in good faith and whether there had been proper consultation between the parties. The court had to consider the evidence presented by both parties regarding the negotiation process and whether there was any coercion or undue influence that would undermine the integrity of the agreement.

Upon reviewing the agreement and the evidence provided, the court found that the agreement met all the statutory requirements for registration. The court determined that the agreement contained all the necessary minimum terms and conditions, and there was no evidence of coercion or undue influence. The union had properly consulted with its members, and the negotiation process was conducted in good faith. Therefore, the court approved the agreement and registered it under the Fair Work Act. The union's application for approval of the agreement was successful, ensuring that the terms and conditions set out in the agreement would be legally binding on the parties involved.

“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