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

[2013] FWCA 10204

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)
(AG2013/10546)

TRI TECH REFRIGERATION SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2013

Application for approval of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of a single enterprise agreement known as the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2013-2016 (the Agreement). The application was made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) pursuant to section 185 of the Fair Work Act 2009 (the Act).

[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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from
31 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), the union applied for approval of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2013-2016. The matter was heard in the Fair Work Commission (FWC). The dispute centred around whether the agreement in question should be approved as a registered agreement under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement complied with the statutory requirements for registration, specifically section 235 of the Fair Work Act. This required the FWC to determine if the agreement met the criteria for being a simple, low-risk agreement, which would allow it to be approved without a vote by the employees. The FWC also had to consider if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion.

The FWC examined the agreement clause by clause, assessing its provisions against the relevant legal standards. The FWC concluded that the agreement satisfied the requirements for a simple, low-risk agreement and contained fair and reasonable terms and conditions. The FWC noted that the agreement was negotiated in good faith and was not the result of any form of coercion. Therefore, the FWC approved the agreement and it was registered under the Fair Work Act.

The FWC’s final order was that the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2013-2016 be approved and registered as a registered agreement under the Fair Work Act. The FWC emphasised that this approval was contingent on the agreement being applied in accordance with the Fair Work Act and the terms of the agreement itself.

“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