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

[2013] FWCA 6453

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)
(AG2013/2306)

TRANSFIELD SERVICES AUSTIN HEALTH AND COM MAINTENANCE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the Transfield Services Austin Health and CoM Maintenance Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services Austin Health and CoM Maintenance Agreement 2012 (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] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The AMWU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Mining and Energy Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers’ Union, sought approval of the Transfield Services Austin Health and CoM Maintenance Agreement 2012, which had been negotiated with the employer, Transfield Services (Australia) Pty Ltd. The agreement was put forward to the Fair Work Commission for endorsement as a safety net agreement, under section 234 of the Fair Work Act 2009. The union argued that the agreement would provide better terms and conditions for employees compared to the applicable award, the Building and Construction General On-Site Award 2010.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided employees with conditions that were at least as good as those in the applicable award, and whether it was negotiated in good faith. The union contended that the agreement improved upon the award by providing better wages and conditions, while the employer maintained that the agreement was fair and reasonable.

The Fair Work Commission found that the agreement provided employees with better terms and conditions than those in the applicable award, and that the agreement was negotiated in good faith. The Commission considered the evidence provided by both parties and found that the agreement provided for higher wages, better working conditions, and additional benefits for employees. The Commission also noted that the agreement was the result of a genuine attempt by both parties to negotiate a fair and reasonable agreement. As such, the Commission approved the agreement as a safety net agreement under section 234 of the Fair Work Act.

The Fair Work Commission approved the Transfield Services Austin Health and CoM Maintenance Agreement 2012 as a safety net agreement under section 234 of the Fair Work Act. The agreement will now provide better terms and conditions for employees covered by the agreement, including higher wages, better working conditions, and additional benefits. The employer is required to comply with the terms of the agreement, and the union has the right to take any necessary action to ensure that the agreement is enforced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established