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

[2013] FWCA 4011

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)
(AG2013/1432)

ACCESS SAFETY SERVICES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 JUNE 2013

Application for approval of the Access Safety Services and AMWU Engineering On-Site Construction Agreement 2011 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Access Safety Services and AMWU 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 20 June 2013 and, in accordance with s.54, will operate from 27 June 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

In the Fair Work Commission, the Australian Manufacturing Workers’ Union (AMWU) sought approval of an enterprise agreement with Access Safety Services. The dispute centred on the terms of the proposed agreement, which was intended to govern the employment conditions of workers within the construction sector for the period 2011-2014. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural requirements for approval and whether it met the good faith bargaining test. The Commission also had to assess whether the agreement contained any terms that were contrary to public policy or that undermined the principles of the Fair Work Act. Furthermore, the AMWU argued that the agreement was necessary to protect the workers' rights and interests, given the specific conditions and hazards present in the construction industry.

After thorough examination of the agreement and the submissions from both parties, the Commission found that the AMWU had engaged in good faith bargaining and that the agreement complied with all procedural requirements. The Commission determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the needs of the workers. The Commission approved the Access Safety Services and AMWU Engineering On-Site Construction Agreement 2011-2014, finding that it did not contravene any public policy or statutory provisions.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, ensuring that the agreement balanced the interests of employers and employees while adhering to the statutory framework. The approval of the agreement was a significant step in providing a fair and effective employment framework for workers in the construction sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established