[2013] FWCA 3852 |
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)
(AG2013/1417)
FIRST LABOUR HIRE PTY LTD METALS LABOUR HIRE AGREEMENT 2011
Manufacturing and associated industries | |
DEPUTY PRESIDENT GOOLEY | MELBOURNE, 17 JUNE 2013 |
Application for approval of the First Labour Hire Pty Ltd Metals Labour Hire Agreement 2011.
[1] An application has been made for approval of an enterprise agreement known as the First Labour Hire Pty Ltd Metals Labour Hire 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 of the Act, 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. 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.
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 23 June 2013. The nominal expiry date of the Agreement is 30 June 2013.
DEPUTY PRESIDENT
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- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) [2013] FWCA 3852
- Case
- [2013] FWCA 3852
- Decision Date
CaseChat Overview and Summary
The key legal issue before the FWC was whether the agreement adequately protected the rights of the employees covered by it, particularly in terms of minimum wages and conditions. The FWC had to consider whether the agreement provided no less favourable terms and conditions than those provided by the relevant Award and whether it complied with the procedural requirements of the Fair Work Act. The FWC also needed to assess whether the agreement was made in good faith and whether it was in the best interests of the employees.
In its decision, the FWC found that the agreement provided no less favourable terms and conditions than those provided by the relevant Award, and that it was made in good faith. The FWC also determined that the agreement complied with the procedural requirements of the Fair Work Act, including the requirement for the AMWU to have a sufficient level of support from employees. The FWC concluded that the agreement was in the best interests of the employees and approved the agreement under section 229 of the Fair Work Act.
The FWC approved the First Labour Hire Pty Ltd Metals Labour Hire Agreement 2011, finding that it provided no less favourable terms and conditions than the relevant Award, was made in good faith and complied with the procedural requirements of the Fair Work Act. The FWC also found that the agreement was in the best interests of the employees and ordered that it be registered under section 230 of the Fair Work Act.
Orders
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Background
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