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

[2013] FWCA 9127

The attached document replaces the document previously issued with the above code on

20 November 2013.

The word “AGREEMNT” has been changed to “AGREEMENT” in the main title

of the decision.

Yota Amanatidis

Associate to Deputy President Gooley

22 November 2013.

[2013] FWCA 9127

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)
(AG2013/9956)

AMWU, AWU AND JBI ENGINEERING PTY LTD, AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED GREENFIELD AGREEMENT 2012-2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the AMWU, AWU and JBI Engineering Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Greenfield Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, AWU and JBI Engineering Pty Ltd, Australian Paper Maryvale Mill and Supplementary Maintenance Certified Greenfield Agreement 2012-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisations to be covered by the agreement, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 19 November 2013 and, in accordance with s.54, will operate from 26 November 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, involved an application for approval of a certified agreement. The agreement in question was between the AMWU, the Australian Workers' Union, and JBI Engineering Pty Ltd, as well as the Australian Paper Maryvale Mill, concerning a supplementary maintenance certified greenfield agreement for the period 2012-2015. The application was brought forth to ensure the certified agreement met the requirements of the Fair Work Act 2009.

The primary legal issue that the court had to determine was whether the certified agreement complied with the provisions of the Fair Work Act, specifically whether it contained the necessary terms and conditions to be considered a valid and enforceable agreement. The court examined if the agreement met the criteria for being a simple, clear, and easily understood document that fairly and accurately reflected the terms and conditions of employment. Additionally, the court assessed whether the agreement provided for proper dispute resolution mechanisms and the rights of employees under the Fair Work Act.

The court found that the certified agreement contained all the necessary terms and conditions required by the Fair Work Act and was simple, clear, and easily understood. The agreement was deemed to fairly and accurately reflect the terms and conditions of employment for the employees covered by the agreement. The court also determined that the agreement provided for appropriate dispute resolution mechanisms and the rights of employees under the Fair Work Act. As a result, the court approved the certified agreement, finding it to be compliant with the requirements of the Fair Work Act.

The final order of the court was the approval of the certified agreement between the AMWU, AWU, and JBI Engineering Pty Ltd, as well as the Australian Paper Maryvale Mill, concerning a supplementary maintenance certified greenfield agreement for the period 2012-2015. The certified agreement was found to meet the necessary requirements of the Fair Work Act and was approved by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established