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

[2013] FWCA 3853

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)
(AG2013/1415)

FIRST LABOUR HIRE PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMNT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 17 JUNE 2013

Application for approval of the First Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2011-2014.

An application has been made for approval of an enterprise agreement known as the First Labour Hire 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.

[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[2] The application was not lodged within 14 days after the agreement was made. 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.

[3] The 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 17 June 2013 and, in accordance with s.54, will operate from 24 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 applicant, the Australian Manufacturing Workers’ Union (AMWU), applied to the Fair Work Commission for approval of a labour hire agreement with First Labour Hire Pty Ltd. The AMWU sought to have the agreement, which covers metal engineering on-site construction workers employed by First Labour Hire, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the statutory requirements for registration, including whether it provided for a fair and efficient workplace.

The primary legal issue before the Commission was whether the agreement was consistent with the objects of the Fair Work Act and the principles of the national workplace relations system. The Commission needed to assess whether the agreement provided for fair and efficient workplace arrangements and whether it complied with the Act's requirements, including the provision of minimum entitlements and protections for employees. The Commission also considered whether the agreement provided for a fair and efficient process for resolving workplace disputes.

The Commission found that the agreement was consistent with the objects of the Fair Work Act and the principles of the national workplace relations system. The agreement provided for fair and efficient workplace arrangements and complied with the Act's requirements. The Commission noted that the agreement provided for minimum entitlements and protections for employees, including provisions for wages, leave, and dispute resolution. The Commission also found that the agreement provided for a fair and efficient process for resolving workplace disputes. The Commission approved the agreement, finding that it met the statutory requirements for registration.

The Fair Work Commission approved the AMWU Metal Engineering On-Site Construction Agreement 2011-2014 as a registered agreement. The Commission found that the agreement provided for fair and efficient workplace arrangements and complied with the Act's requirements. The Commission noted that the agreement provided for minimum entitlements and protections for employees, including provisions for wages, leave, and dispute resolution. The Commission also found that the agreement provided for a fair and efficient process for resolving workplace disputes. The approval of the agreement will provide certainty and stability for employers and employees in the metal engineering on-site construction industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established