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

[2014] FWCA 717

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)
(AG2014/177)

MACAJAMI PTY LTD T/AS STRATEGIC LABOUR HIRE METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 JANUARY 2014

Application for approval of the Macajami Pty Ltd T/As Strategic Labour Hire Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Macajami Pty Ltd T/As Strategic Labour Hire 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] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 6 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 Australian Manufacturing Workers’ Union (AMWU) applied for approval of the Macajami Pty Ltd T/As Strategic Labour Hire Metals Labour Hire Agreement 2013-2016. The dispute was heard by the Fair Work Commission (FWC) which was required to determine whether the agreement should be approved under the Fair Work Act 2009. The AMWU argued that the agreement was in the best interests of the employees, while Macajami Pty Ltd maintained that the agreement was fair and reasonable.

The FWC considered whether the agreement met the criteria for approval under section 235 of the Fair Work Act 235. This included assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award or registered agreement, and whether it provided for a genuine safety net for employees. The FWC also examined whether the agreement was made in good faith and whether it provided for the proper operation of businesses.

After reviewing the evidence and arguments presented by both parties, the FWC found that the agreement met the criteria for approval. The FWC noted that the agreement provided for terms and conditions that were no less favourable than the applicable award and provided for a genuine safety net for employees. The FWC also found that the agreement was made in good faith and provided for the proper operation of businesses. Therefore, the FWC approved the agreement under section 235 of the Fair Work Act.

The FWC’s decision was that the Macajami Pty Ltd T/As Strategic Labour Hire Metals Labour Hire Agreement 2013-2016 was approved and would be registered under the Fair Work Act. The AMWU’s application for approval of the agreement was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established