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

[2013] FWCA 9553

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)
(AG2013/10289)

PROVINCIAL LABOUR SOLUTIONS P/L T/AS PRIME LABOUR HIRE AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011 - 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Provincial Labour Solutions P/L T/As Prime Labour Hire 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 Provincial Labour Solutions P/L T/As Prime Labour Hire 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) 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 12 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Australian Manufacturing Workers’ Union (AMWU) and Provincial Labour Solutions P/L T/As Prime Labour Hire, sought approval of the AMWU Metal Engineering On-Site Construction Agreement 2011 - 2014 from the Fair Work Commission. The application was made under section 235 of the Fair Work Act 2009, which allows the Commission to approve agreements that provide for terms and conditions of employment better than those provided by the relevant awards. The matter was heard by Deputy President A.C. Wilson.

The primary legal issue before the court was whether the agreement in question met the criteria for approval under section 235 of the Act. Specifically, the court needed to determine whether the agreement provided for terms and conditions that were better than the minimum standards set by the relevant awards and whether it was consistent with the objects of the Fair Work Act. Additionally, the court considered whether the agreement complied with procedural requirements and whether it was made in good faith.

The court found that the agreement provided for terms and conditions that were better than those provided by the relevant awards, particularly in relation to penalty rates, overtime provisions, and shift allowances. The court noted that the agreement contained provisions that were more favourable to employees than those found in the applicable awards. The court also found that the agreement was consistent with the objects of the Fair Work Act, which include promoting higher wages and better conditions of employment. Furthermore, the court determined that the agreement was made in good faith and complied with procedural requirements. As a result, the court approved the agreement.

The court ordered that the AMWU Metal Engineering On-Site Construction Agreement 2011 - 2014 be approved under section 235 of the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to employees covered by the agreement, providing them with better wages and conditions than those provided by the relevant awards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established