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

[2013] FWCA 4016

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)
(AG2013/1425)

AMWU AND THE ACCESS SAFETY SERVICES COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 JUNE 2013

Application for approval of the AMWU and the Access Safety Services Collective Bargaining Workshop Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Access Safety Services Collective Bargaining Workshop Agreement 2011 (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

The parties involved in this case were the Australian Manufacturing Workers’ Union (AMWU) and Access Safety Services Pty Ltd, which had entered into a collective bargaining workshop agreement in 2011. The matter was heard in the Fair Work Commission (FWC) where the AMWU applied for the approval of the agreement. The nature of the dispute centred around the contents and legality of the agreement reached between the union and the employer, with a focus on whether it complied with the relevant industrial laws and regulations.

The primary legal issues the FWC had to address were whether the collective bargaining workshop agreement met the necessary criteria for approval under the Fair Work Act 2009. These criteria include whether the agreement was made in good faith, whether it provided for genuine bargaining, and whether it contained provisions that were fair and reasonable in all respects. Additionally, the FWC needed to determine if the agreement covered all the required aspects of employment, including terms and conditions of employment, and whether it adhered to the principles of enterprise flexibility and simplification.

The FWC conducted a thorough review of the agreement and found that it complied with the relevant industrial laws and regulations. The Commission determined that the agreement was made in good faith, provided for genuine bargaining, and contained provisions that were fair and reasonable. The FWC also found that the agreement covered all the necessary aspects of employment and adhered to the principles of enterprise flexibility and simplification. Consequently, the FWC approved the Access Safety Services Collective Bargaining Workshop Agreement 2011.

The Fair Work Commission approved the Access Safety Services Collective Bargaining Workshop Agreement 2011, affirming its compliance with the Fair Work Act 2009 and its adherence to the principles of good faith, genuine bargaining, and fairness. This decision provided clarity and certainty for both the AMWU and Access Safety Services Pty Ltd regarding the legal standing of their agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established