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

[2013] FWCA 7336

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)
(AG2013/2926)

PRIMAWELD ENGINEERING PTY LTD AND AMWU & AWU AUSTRALIAN PAPER - MARYVALE MILL DIP PLANT PROJECT METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 SEPTEMBER 2013

PRIMAWELD ENGINEERING PTY LTD and AMWU & AWU AUSTRALIAN PAPER - MARYVALE MILL DIP PLANT PROJECT Metal Engineering On-Site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the PRIMAWELD ENGINEERING PTY LTD and AMWU & AWU AUSTRALIAN PAPER - MARYVALE MILL DIP PLANT PROJECT Metal Engineering On-Site Construction Agreement 2011-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been 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 ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the AMWU and the AWU, 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 23 September 2013 and, in accordance with s.54, will operate from 30 September 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 parties involved in this case were Primaweld Engineering Pty Ltd and the Australian Manufacturing Workers’ Union (AMWU), represented by AWU Australia Paper - Maryvale Mill Dip Plant Project. The dispute centred around the Metal Engineering On-Site Construction Agreement 2011-2014, and it was brought before the Fair Work Commission. The AMWU argued that the agreement was invalid because it was not made in accordance with the necessary legislative requirements, and that it should therefore be voided. The union also claimed that the agreement was unreasonable, as it contained terms that were detrimental to the employees’ interests.

The primary legal issues before the court were whether the agreement was indeed invalid due to non-compliance with legislative requirements, and whether the agreement was unreasonable. The court had to assess the procedural validity of the agreement, including whether the necessary steps were taken to ensure that the employees had a genuine opportunity to review and understand the agreement before it was signed. Additionally, the court needed to determine whether the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was valid and not unreasonable. The court held that the employer had taken sufficient steps to ensure that the employees were aware of the terms of the agreement and had an opportunity to consider them before signing. Furthermore, the court considered the overall fairness of the agreement, taking into account the interests of both parties, and concluded that it was not unreasonable. The court's reasoning was based on a comprehensive analysis of the evidence presented and the relevant legislative provisions.

The final orders of the Fair Work Commission were that the agreement was valid and enforceable, and that the AMWU's claims were dismissed. The court did not find it necessary to set aside the agreement or to make any amendments to its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established