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

[2013] FWCA 5506

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)
(AG2013/2150)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 8 AUGUST 2013

Application for approval of the Skrobar 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 Skrobar 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 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 8 August 2013 and, in accordance with s.54, will operate from 15 August 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) applied to the Fair Work Commission for approval of the Skrobar Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The agreement was entered into by the AMWU and Skrobar Engineering Pty Ltd. The AMWU was a party to the agreement as an employer’s association and was seeking approval on behalf of its members employed by Skrobar Engineering Pty Ltd. Skrobar Engineering Pty Ltd is a construction business with operations in New South Wales and the Australian Capital Territory.

The Commission had to determine whether the agreement should be approved under the Fair Work Act 2009. The Commission also had to consider whether the agreement met the requirements of the Better Off Overall Test (BOOT). The Commission examined whether the terms and conditions in the agreement were no worse off and whether the employees were better off overall. The Commission also had to determine whether the agreement complied with the minimum entitlements under the applicable awards and the national system.

The Commission approved the agreement. The agreement met the requirements of the BOOT as it was not worse off and was better off overall for the employees. The Commission found that the agreement contained minimum terms and conditions that were no less favourable than the applicable awards and national system. The Commission was satisfied that the agreement provided for better redundancy provisions and increased paid leave entitlements for the employees. The agreement also contained provisions for dispute resolution and flexibility arrangements. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009.

The Commission approved the agreement. The AMWU was authorised to act on behalf of the employees of Skrobar Engineering Pty Ltd in relation to the agreement. The approval was effective from the date of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established