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

[2013] FWCA 9145

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)
(AG2013/9951)

AMWU, AWU AND PMI CONSTRUCTIONS, AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE GREENFIELDS AGREEMENT 2012-2015

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

Application for approval of the AMWU, AWU and PMI Constructions, Australian Paper Maryvale Mill and Supplementary Maintenance Greenfields Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, AWU and PMI Constructions, Australian Paper Maryvale Mill and Supplementary Maintenance Greenfields 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 31 March 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers’ Union (AMWU), sought approval of an enterprise agreement between the AMWU and Australian Paper Maryvale Mill. The applicant argued that the agreement was suitable for the workers it represented. The Australian Workers’ Union (AWU) and PMI Constructions, Australian Paper Maryvale Mill and Supplementary Maintenance Greenfields Agreement 2012-2015 was the subject of the application. The application was heard in the Fair Work Commission. The AMWU applied for the approval of the enterprise agreement, which had been negotiated between the parties and which was designed to govern the employment of employees of the respondent, Australian Paper Maryvale Mill.

The legal issues in the case were whether the agreement met the requirements for approval under the Fair Work Act 2009, including whether it provided for the safety net of minimum terms and conditions, whether it was free from prohibited content and whether it complied with the good faith bargaining requirement. The AMWU argued that the agreement was suitable for the workers it represented and that it met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act 2009, including that it provided for the safety net of minimum terms and conditions, was free from prohibited content and complied with the good faith bargaining requirement. The agreement was therefore approved by the Fair Work Commission.

The Fair Work Commission found that the agreement was suitable for the workers it represented and that it met the requirements for approval under the Fair Work Act 2009. The agreement provided for the safety net of minimum terms and conditions, was free from prohibited content and complied with the good faith bargaining requirement. The agreement was therefore approved by the Fair Work Commission. The final orders of the Fair Work Commission were that the Australian Workers’ Union and PMI Constructions, Australian Paper Maryvale Mill and Supplementary Maintenance Greenfields Agreement 2012-2015 be approved.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established