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

[2013] FWCA 3205

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)
(AG2013/1142)

REEL FISHING PTY LTD/GRADAN INDUSTRIES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	SYDNEY, 23 MAY 2013

Application for approval of the Reel Fishing Pty Ltd/Gradan Industries and AMWU Metal Engineering On-Site Construction Agreement 2011-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Reel Fishing Pty Ltd/Gradan Industries 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 greenfields agreement.

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

[3] I am satisfied that the AMWU, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 23 May 2013 and, in accordance with s.54, will operate from 30 May 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 Australian Manufacturing Workers’ Union (AMWU) applied for approval of the Reel Fishing Pty Ltd/Gradan Industries and AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The AMWU sought approval of the agreement as a safety net agreement, to cover workers employed in the metal engineering on-site construction industry who were not covered by an existing agreement. The dispute was heard in the Fair Work Commission (FWC).

The FWC was required to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to consider whether the agreement provided a safety net for the workers, whether the agreement was in the public interest, and whether it complied with the principles of the Fair Work Act. The FWC also needed to consider whether the agreement was fair and reasonable, and whether it provided for a proper balance between the interests of employers and employees.

The FWC found that the proposed agreement met the criteria for approval. The FWC noted that the agreement provided a safety net for workers who were not covered by an existing agreement, and that it was in the public interest to provide such a safety net. The FWC also found that the agreement complied with the principles of the Fair Work Act and provided for a proper balance between the interests of employers and employees. The FWC approved the agreement as a safety net agreement.

The FWC ordered that the Reel Fishing Pty Ltd/Gradan Industries and AMWU Metal Engineering On-Site Construction Agreement 2011-2014 be approved as a safety net agreement. The agreement will provide a safety net for workers employed in the metal engineering on-site construction industry who are not covered by an existing agreement. The agreement will also provide for a proper balance between the interests of employers and employees, and will comply with the principles of the Fair Work Act.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established