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

[2013] FWCA 5597

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)
(AG2013/2248)

RUFFIN HYDRAULICS METAL ENGINEERING WORKSHOP AND SITE AGREEMENT 2011 -2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 AUGUST 2013

Application for approval of the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2011 -2014.

[1] An application has been made for approval of an enterprise agreement known as the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2011 -2014 (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 “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. 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 19 August 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 Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission for approval of a workplace agreement, titled the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2011-2014. The dispute centred on the terms and conditions of employment for workers in the metal engineering sector, specifically at Ruffin Hydraulics. The application was brought before the Fair Work Commission, the tribunal responsible for resolving workplace disputes and ensuring compliance with the Fair Work Act 2009.

The primary legal issues for the Commission to address were whether the proposed agreement complied with the requirements of the Fair Work Act and if it provided for fair and reasonable terms of employment. Specifically, the Commission needed to assess whether the agreement met the 'better off overall test' and if it adhered to the relevant national employment standards. The Commission also had to ensure that the agreement did not undermine the protection of employees' rights and interests.

In examining the agreement, the Commission considered various factors, including the bargaining power of the parties, the nature of the industry, and the terms and conditions proposed in the agreement. The Commission found that the agreement provided for fair and reasonable terms of employment and met the 'better off overall test'. The Commission approved the agreement, highlighting its compliance with the relevant provisions of the Fair Work Act and its alignment with national employment standards. The Commission determined that the agreement did not undermine the protection of employees' rights and interests.

The Commission approved the Ruffin Hydraulics Metal Engineering Workshop and Site Agreement 2011-2014, with the terms and conditions set out in the agreement to apply to the employees of Ruffin Hydraulics for the specified period. This decision ensures that the employees of Ruffin Hydraulics have fair and reasonable terms of employment, in line with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established