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

[2013] FWCA 9274

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)
(AG2013/10168)

SAUNDERS INTERNATIONAL LTD AND AMWU BALLAN ROAD RESERVOIR ON SITE METAL ENGINEERING CONSTRUCTION AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 NOVEMBER 2013

Application for approval of the Saunders International Ltd and AMWU Ballan Road Reservoir On Site Metal Engineering Construction Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Saunders International Ltd and AMWU Ballan Road Reservoir On Site Metal Engineering Construction Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 November 2013 and, in accordance with s.54, will operate from 3 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) and Saunders International Ltd brought before the Fair Work Commission an application for the approval of the Saunders International Ltd and AMWU Ballan Road Reservoir On Site Metal Engineering Construction Agreement 2013. The dispute arose from a disagreement regarding the terms and conditions of employment for workers involved in a construction project at Ballan Road Reservoir. The primary issues included the classification of employees, wage rates, working hours, and other employment conditions stipulated in the proposed agreement.

The central legal issues the Commission had to address were whether the proposed agreement provided a safety net for employees that was no less favourable than the applicable award and whether the agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for terms and conditions that were not less favourable than the relevant award or registered agreement, and if it complied with the process outlined in the Act for the approval of enterprise agreements.

In its decision, the Fair Work Commission carefully reviewed the proposed agreement against the relevant award and existing agreements. The Commission found that the proposed agreement did not offer terms and conditions that were less favourable than those provided by the applicable award, and it met all the necessary requirements for approval under section 232 of the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections and benefits for employees and was in line with the statutory provisions. Consequently, the Commission approved the agreement, allowing it to take effect as a registered agreement.

The Fair Work Commission approved the Saunders International Ltd and AMWU Ballan Road Reservoir On Site Metal Engineering Construction Agreement 2013. The agreement was registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established