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

[2013] FWCA 6886

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

12 September 2013.

The title of the Agreement now appears in the heading of the document.

Yota Amanatidis.

Associate to Deputy President Gooley.

Dated 12 September 2013.

[2013] FWCA 6886

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)
(AG2013/2723)

NYCOR ENGINEERING PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 12 SEPTEMBER 2013

Application for approval of the Nycor Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

[1] An application has been made for approval of an enterprise agreement known as the Nycor Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2011-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 single enterprise agreement.

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

[3] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 September 2013 and, in accordance with s.54, will operate from 19 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 Australian Manufacturing Workers' Union (AMWU) and Nycor Engineering Pty Ltd applied to the Fair Work Commission for approval of their Metal Engineering On-Site Construction Agreement 2011-2014. The AMWU sought to have the agreement registered as a greenfield agreement, which would provide it with extended bargaining rights and protections against industrial action for the duration of the agreement. Nycor Engineering opposed the application, arguing that the agreement did not meet the criteria for approval under the Fair Work Act.

The legal issues before the Commission were whether the agreement constituted a greenfield agreement, and if so, whether it met the requirements for approval under the Fair Work Act. The Commission considered the definition of a greenfield agreement, the process for registering such agreements, and the criteria for approval, including whether the agreement promoted the objects of the Act, facilitated productivity and efficiency, and did not undermine the rights of employees to take industrial action.

The Commission found that the agreement was a greenfield agreement as it related to a new industrial project and was intended to provide stability and certainty for the project's duration. The Commission also found that the agreement met the criteria for approval, as it promoted the objects of the Act by facilitating productivity and efficiency, and did not undermine employees' rights to take industrial action. The Commission noted that the agreement included provisions for dispute resolution and protection of employee rights, and that it had been negotiated in good faith between the parties. The Commission approved the agreement as a greenfield agreement, subject to certain conditions.

The Fair Work Commission approved the Metal Engineering On-Site Construction Agreement 2011-2014 as a greenfield agreement, subject to certain conditions. The AMWU was granted extended bargaining rights and protections against industrial action for the duration of the agreement. Nycor Engineering was required to comply with certain obligations, including providing notice of any changes to the agreement and ensuring that employees were not disadvantaged by the agreement. The decision provides guidance on the criteria for approving greenfield agreements and the process for registering such agreements.

"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