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

[2013] FWCA 7546

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)
(AG2013/2906)

MECHANICAL MAINTENANCE SOLUTIONS P/L (MMS) LATROBE VALLEY POWER STATIONS (AMWU AND CFMEU) GREENFIELDS ENTERPRISE BARGAINING AGREEMENT 2012-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 SEPTEMBER 2013

Application for approval of the Mechanical Maintenance Solutions P/L (MMS) Latrobe Valley Power Stations (AMWU and CFMEU) Greenfields Enterprise Bargaining Agreement 2012-2016.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions P/L (MMS) Latrobe Valley Power Stations (AMWU and CFMEU) Greenfields Enterprise Bargaining Agreement 2012-2016 (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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] The employer has provided an undertaking pursuant to s.190 of the Act which I have accepted and which is attached to this decision at Appendix A. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement.

[4] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union (CFMEU), 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 4 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The parties involved in this case were the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and Mechanical Maintenance Solutions P/L (MMS). The dispute concerned the application for approval of the Mechanical Maintenance Solutions P/L (MMS) Latrobe Valley Power Stations (AMWU and CFMEU) Greenfields Enterprise Bargaining Agreement 2012-2016. The case was heard in the Fair Work Commission (FWC). The central legal issues revolved around whether the proposed enterprise bargaining agreement (EBA) met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the EBA was genuinely negotiated, free from improper conduct, and if it provided for minimum terms and conditions of employment.

The FWC examined the process of negotiation and the content of the EBA. The union and MMS had to demonstrate that the agreement was genuinely negotiated between the parties and not imposed. The FWC also considered if the EBA provided for the minimum terms and conditions as stipulated by the Fair Work Act. The FWC took into account submissions from both parties and evidence presented during the hearing. After thorough analysis, the FWC concluded that the EBA met the necessary criteria for approval. The negotiation process was deemed genuine, and no improper conduct was found. The EBA provided for the required minimum terms and conditions, thus satisfying the legal requirements for approval.

The Fair Work Commission approved the Mechanical Maintenance Solutions P/L (MMS) Latrobe Valley Power Stations (AMWU and CFMEU) Greenfields Enterprise Bargaining Agreement 2012-2016, finding it to be genuinely negotiated and compliant with the Fair Work Act. The EBA was approved, effective from the date of the decision, providing the terms and conditions for employment between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established