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

[2013] FWCA 5363

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)
(AG2013/2189)

ONSITE MACHINING & PIPELINE SERVICES AUSTRALIA PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 AUGUST 2013

Application for approval of the Onsite Machining & Pipeline Services Australia 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 Onsite Machining & Pipeline Services Australia 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) 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 greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] I am satisfied that the AMWU, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 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 applicant, Onsite Machining & Pipeline Services Australia Pty Ltd, sought approval from the Fair Work Commission of the AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The Australian Manufacturing Workers' Union (AMWU) opposed the application, claiming that the agreement contravened the Fair Work Act 2009. The matter was heard by the Commission, sitting as the Fair Work Court, with Dawson P presiding.

The central legal issue was whether the agreement was a genuine enterprise agreement, as defined under section 172 of the Act, and whether it complied with the various statutory requirements, including those related to the agreement's coverage, the process of its negotiation, and its terms and conditions. The AMWU argued that the agreement did not meet the statutory requirements for a genuine enterprise agreement, particularly in relation to the process of its negotiation and the manner in which it was executed.

The Commission determined that the agreement was a genuine enterprise agreement. It found that the negotiation process, while not ideal, did not render the agreement invalid. The court emphasised that the statutory requirements are not intended to be overly rigid and should be interpreted in a manner that promotes the purpose of the Act, which includes facilitating efficient and productive workplace relations. The Commission also noted that the agreement contained terms and conditions that were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. Consequently, the application for approval was successful.

The Fair Work Commission approved the AMWU Metal Engineering On-Site Construction Agreement 2011-2014, finding it to be a genuine enterprise agreement that complied with the relevant statutory requirements. The AMWU's opposition to the application was dismissed.

“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