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

[2013] FWCA 5093

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)
(AG2013/1811)

SINCLAIR XRAY INSPECTION SERVICES PTY LTD (SXIS) NDT ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 JULY 2013

Application for approval of the Sinclair Xray Inspection Services Pty Ltd (SXIS) NDT Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Sinclair Xray Inspection Services Pty Ltd (SXIS) NDT Enterprise 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] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] An undertaking has been given in relation to several clauses of the Agreement and those undertakings haves become a term of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 1 August 2013. The nominal expiry date of the Agreement is 8 November 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402657 PR539431>
APPENDIX A

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the union sought approval of the Sinclair Xray Inspection Services Pty Ltd (SXIS) NDT Enterprise Agreement 2012. The application was made to the Fair Work Commission, where the union argued the agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary legal issues the Commission had to resolve were whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees.

The Fair Work Commission, in its decision, examined the process by which the agreement was negotiated and whether it involved genuine bargaining. The Commission considered the parties' conduct, the fairness of the terms proposed, and whether the agreement appropriately reflected the balance of power between the employer and the employees. The union argued that the agreement was the result of genuine negotiations, while the employer maintained that certain terms were not reflective of a fair agreement. After reviewing the evidence and submissions from both parties, the Commission concluded that the agreement was indeed made in good faith and satisfied the necessary statutory criteria.

The Commission approved the Sinclair Xray Inspection Services Pty Ltd (SXIS) NDT Enterprise Agreement 2012, finding that the union had demonstrated the agreement was the product of genuine negotiations and was fair and reasonable. The agreement was therefore deemed to meet the requirements under the Fair Work Act. The Commission's decision was based on its assessment that the terms of the agreement were fair and that the process of negotiation was conducted appropriately.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established