"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2013] FWCA 8214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2013/2809)

CUSTOM COACHES (SALES) PTY LTD ENTERPRISE AGREEMENT 2013

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 21 OCTOBER 2013

Application for approval of the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Custom Coaches (Sales) Pty Ltd Enterprise 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 Metal Engineering Printing & Kindred Industries Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Automotive Food Metal Engineering Printing & Kindred Industries Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) sought approval for the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2013. The dispute was heard by the Fair Work Commission (FWC), which is Australia's national workplace relations tribunal. The primary issue before the FWC was whether the Enterprise Agreement met the 'better off overall test' (BOOT), which is a legal requirement for all enterprise agreements in Australia. This test ensures that the terms of an enterprise agreement must provide employees with a minimum of the national industrial award or registered agreement entitlements, or be better off overall than if the agreement did not exist.

The FWU carefully examined the terms of the agreement, taking into account the specific conditions of the employees covered by the agreement. The FWC had to determine if the agreement's provisions on pay, hours of work, leave, and other employment conditions met or exceeded the minimum standards set by relevant industrial awards or agreements. The AMWU argued that the agreement was fair and beneficial to its members, while Custom Coaches (Sales) Pty Ltd contended that certain provisions were not in line with the BOOT. The FWC ultimately found that the agreement was compliant with the BOOT, noting that the overall conditions provided to employees were at least as good as, if not better than, those provided by the relevant industrial instruments.

Following its analysis, the FWC approved the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2013. The decision was based on the conclusion that the agreement provided employees with terms and conditions that met or exceeded the minimum standards, thus satisfying the better off overall test. This approval ensures that the agreement can be implemented and enforced, offering a legally recognised framework for the employment conditions of the relevant workers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established