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

[2013] FWCA 6921

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)
(AG2013/2725)

AMWU AND THE NYCOR ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 SEPTEMBER 2013

Application for approval of the AMWU and the Nycor Engineering Pty Ltd Collective Bargaining Workshop Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Nycor Engineering Pty Ltd Collective Bargaining Workshop Agreement 2011 (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 single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 September 2013. 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 applicants, the Australian Manufacturing Workers' Union (AMWU) and Nycor Engineering Pty Ltd, sought approval of a Collective Bargaining Workshop Agreement 2011. The dispute was heard in the Fair Work Commission, a tribunal with specific jurisdiction to make decisions in matters involving industrial relations under Australian law. The primary issue before the Commission was whether the proposed agreement, which was the product of a series of workshops between the AMWU and Nycor, should be approved and registered under the Fair Work Act 2009. This required the Commission to consider if the agreement met the statutory criteria for approval, including whether it provided for good faith bargaining and whether it was in the best interests of the employees involved.

The Commission examined the process by which the agreement was reached, including the nature and extent of the negotiations between the parties. It considered whether the workshops were conducted in good faith and whether the agreement was the product of genuine bargaining efforts. The Commission also assessed the content of the agreement, including its provisions on wages, working conditions, and dispute resolution mechanisms, to determine if it provided for fair and reasonable terms and conditions of employment. The Commission was tasked with ensuring that the agreement would not undermine the broader objectives of the Fair Work Act, such as promoting harmonious, productive, and cooperative workplace relations.

In reaching its decision, the Commission concluded that the workshops were conducted in good faith and that the agreement reflected the outcomes of genuine bargaining efforts. The content of the agreement was found to be fair and reasonable, providing for appropriate terms and conditions of employment. The Commission determined that the agreement was in the best interests of the employees and would not have an adverse effect on the broader objectives of the Fair Work Act. Consequently, the Commission approved and registered the AMWU and Nycor Engineering Pty Ltd Collective Bargaining Workshop Agreement 2011, recognising it as a valid agreement under the legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established