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

[2013] FWCA 2575

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)
(AG2013/6023)

C & I INSTALLATIONS & AMWU / ETU (VICTORIA) 2011 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 26 APRIL 2013

Application for approval of C & I Installations & AMWU / ETU (Victoria) 2011 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the

C & I Installations & AMWU / ETU (Victoria) 2011 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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.

[4] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement was approved on 26 April 2013 and, in accordance with s.54, will operate from 3 May 2013. The nominal expiry date of the Agreement is 31 August 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) and C & I Installations sought approval for their 2011 Enterprise Agreement (EA) from the Fair Work Commission. The EA proposed changes to the terms and conditions of employment for employees within the specified industries. The Commission was tasked with determining whether the EA met the requirements of the Fair Work Act 2009 and whether it should be approved. The central legal issues were whether the EA complied with the procedural and substantive requirements of the Act, and if it provided for the fair and equitable treatment of employees.

The Commission examined the procedural fairness of the agreement-making process, confirming that the AMWU and C & I Installations had followed the necessary steps in line with the Act. It also assessed the substantive content of the EA to ensure it did not undermine the safety nets provided by the national minimum wage system or other safety net provisions. The Commission noted that the EA included provisions for minimum wage rates, overtime, penalty rates, and other employment conditions, which were consistent with the safety nets. The AMWU and C & I Installations provided evidence that the agreement had been made in good faith and that it offered fair and reasonable terms for the employees.

After careful consideration, the Commission concluded that the EA met all the necessary requirements under the Act. It approved the EA, finding that it provided for the fair and equitable treatment of employees and did not undermine the safety nets. The Commission's decision was based on the evidence provided by the parties and the compliance of the EA with the legislative framework. The approval of the EA ensures that the terms and conditions of employment for the employees within the specified industries are governed by the provisions of the EA, subject to the overriding protections provided by the safety nets.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established