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

[2013] FWCA 6381

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)
(AG2013/2190)

AMWU AND THE HANDRAIL SPECIALISTS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 AUGUST 2013

Application for approval of the AMWU and the Handrail Specialists Pty Ltd Collective Bargaining Workshop Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Handrail Specialists Pty Ltd Collective Bargaining Workshop Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 30 August 2013 and, in accordance with s.54, will operate from 6 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by the Australian Manufacturing Workers’ Union (AMWU) and Handrail Specialists Pty Ltd for the approval of the Collective Bargaining Workshop Agreement 2013. The nature of the dispute was the formal recognition of this agreement as a registered instrument under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for registration, including that it provided for a fair and efficient way of determining the employment terms and conditions of the employees covered by the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the union, whether it covered the required aspects of the employment relationship, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient process for the resolution of workplace disputes. The AMWU argued that the agreement was the product of genuine negotiations and provided for adequate protections for the employees, while Handrail Specialists Pty Ltd contended that the agreement was fair and balanced and in the best interests of both parties.

After considering the submissions from both parties and reviewing the content of the agreement, the Commission found that the Collective Bargaining Workshop Agreement 2013 met the criteria for registration under the Fair Work Act. The Commission was satisfied that the agreement was genuinely negotiated and provided for a fair and efficient process for the resolution of workplace disputes. The Commission found that the agreement provided for adequate protections for the employees and was in the best interests of both parties. The Commission approved the agreement and registered it as a registered instrument under the Fair Work Act.

The Fair Work Commission approved the Collective Bargaining Workshop Agreement 2013 and registered it as a registered instrument under the Fair Work Act. The Commission found that the agreement was genuinely negotiated and provided for a fair and efficient process for the resolution of workplace disputes. The Commission was satisfied that the agreement provided for adequate protections for the employees and was in the best interests of both parties. The approval and registration of the agreement provides certainty and stability to the employment relationship and ensures that the terms and conditions of employment are determined through a fair and efficient process.

“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