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

[2013] FWCA 9525

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)
(AG2013/10177)

PNEUVAY ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 DECEMBER 2013

Application for approval of the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2013 (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] Pneuvay Engineering wrote to me on 3 December 2013 identifying that clause 26.3 contained a typographical error and that it was intended that the provision read: “Upon the request of the employee, the employer may agree to single day leave absences to be taken up to a maximum of 5 days”. Pursuant to s.586(a) of the Act, I accept that the reference to “10 days” in sub-clause 26.3 should have read as “5 days” and I so correct that error.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 11 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 applicant, the Australian Manufacturing Workers’ Union, sought approval of the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2013. The dispute arose under the Fair Work Act 2009, with the application being made to the Fair Work Commission. The central issue before the Commission was whether the agreement in question met the necessary criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith.

In examining the agreement, the Commission considered the various terms and conditions outlined within it, including those related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission assessed whether these terms and conditions were fair and reasonable in the context of the industry and the bargaining power of the parties involved. Furthermore, the Commission evaluated whether the agreement was made in good faith, taking into account the process through which the agreement was negotiated and the conduct of the parties during the negotiation process.

After thorough consideration, the Commission determined that the agreement satisfied the requirements for approval under the Act. It found that the terms and conditions were fair and reasonable, and that the agreement was made in good faith. Consequently, the Commission approved the Pneuvay Engineering Pty Ltd Collective Bargaining Workshop Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established