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

[2013] FWCA 9561

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)
(AG2013/10274)

AMWU AND ZOOM RECRUITMENT AND TRAINING METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 DECEMBER 2013

Application for approval of the AMWU and Zoom Recruitment and Training Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Zoom Recruitment and Training 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 12 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 (AMWU) applied for the approval of the AMWU and Zoom Recruitment and Training Metals Labour Hire Agreement 2013-2016. The application was brought before the Fair Work Commission, a federal workplace relations tribunal with jurisdiction over labour matters. The AMWU sought the approval of the agreement, which was to govern the terms and conditions of employment for workers in the metals industry who were to be employed by Zoom Recruitment and Training.

The primary legal issue before the Commission was whether the agreement was in the public interest and thus warranted approval. The Commission needed to determine if the agreement met the statutory criteria for approval, including whether it promoted the objects of the Fair Work Act 2009, did not undermine the right of employees to take collective action, and did not otherwise prejudice the employees' right to bargain collectively. The AMWU argued that the agreement was in the public interest, as it provided for fair and reasonable terms of employment, while Zoom Recruitment and Training argued that the agreement was not in the public interest because it was not the best way to regulate employment terms in the metals industry.

The Commission considered the arguments of both parties and found that the agreement met the statutory criteria for approval. The Commission noted that the agreement provided for fair and reasonable terms of employment, including provisions for minimum wages, hours of work, and leave entitlements. The Commission also found that the agreement did not undermine the right of employees to take collective action, as it provided for the right of employees to be represented by their union in the negotiation of the agreement. The Commission concluded that the agreement was in the public interest and approved it. The Commission also made orders to ensure that the agreement was properly implemented and enforced.

The Fair Work Commission approved the AMWU and Zoom Recruitment and Training Metals Labour Hire Agreement 2013-2016. The Commission made orders to ensure that the agreement was properly implemented and enforced. The AMWU and Zoom Recruitment and Training were required to take all reasonable steps to give effect to the agreement and to provide information about the agreement to affected employees. The Commission also made orders to ensure that any disputes arising under the agreement were resolved in accordance with the agreement or, if necessary, by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established