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

[2013] FWCA 9868

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)
(AG2013/11906)

JOBSFORCE EMPLOYMENT SERVICE PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Jobsforce Employment Service Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Jobsforce Employment Service 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] 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 23 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

The Australian Manufacturing Workers’ Union, on behalf of its members employed in the metal trades industry, sought approval of the Jobsforce Employment Service Pty Ltd Metals Labour Hire Agreement 2013-2016. The application was brought before the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee the enforcement of workplace laws in Australia. The crux of the matter revolved around whether the agreement in question complied with the statutory requirements set forth by the Fair Work Act, specifically whether it was a genuine enterprise agreement, as required by the legislation. The AMWU argued that the agreement met all necessary criteria, while no other party contested the application.

The legal issues before the Commission involved determining whether the agreement was genuinely negotiated and not the result of any form of coercion or undue influence. The Commission needed to consider if the agreement was made in good faith and if it was an enterprise agreement as defined under the Fair Work Act. Furthermore, the Commission had to ensure that the agreement did not unfairly discriminate against any group of employees and that it was made without any improper conduct by the employer.

In examining the application, the Commission assessed the negotiation process and the content of the agreement. It found that the agreement was genuinely negotiated between the union and the employer, and it did not contain any terms that were contrary to the public interest. The Commission concluded that the agreement was fair and did not result from any improper conduct. It was also determined that the agreement was an enterprise agreement as per the definition in the Fair Work Act. The Commission approved the agreement, highlighting the importance of such agreements in providing a stable and fair working environment for employees.

The Fair Work Commission approved the Jobsforce Employment Service Pty Ltd Metals Labour Hire Agreement 2013-2016. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and beneficial for all parties involved, thereby maintaining a fair and stable industrial relations environment in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established