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

[2013] FWCA 2444

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)
(AG2013/633)

AUTOCAPS (AUST) PTY LTD AND PRESLITE DRIVE TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 22 APRIL 2013

Application for approval of the Autocaps (Aust) Pty Ltd and Preslite Drive Technologies Pty Ltd Enterprise Agreement 2012

[1] An application has been made for approval of a single-enterprise agreement known as the Autocaps (Aust) Pty Ltd and Preslite Drive Technologies Pty Ltd Enterprise Agreement 2012 (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).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 15 March 2013.

[3] 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.

[4] The AMWU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2013. The nominal expiry date of the Agreement is 1 April 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers’ Union (AMWU), the union applied to the Fair Work Commission for approval of the Autocaps (Aust) Pty Ltd and Preslite Drive Technologies Pty Ltd Enterprise Agreement 2012. The union and the employers had reached an agreement which they sought to have approved as an enterprise agreement. This agreement was to cover employees working in the manufacture of caps and components at Autocaps and in the manufacture of printing plates at Preslite.

The legal issues before the Commission were whether the agreement was a genuine enterprise agreement, and if it complied with the requirements of the Fair Work Act 2009. In particular, the Commission needed to consider whether the agreement met the requirements for majority support, whether it contained the mandated minimum terms and conditions, and whether it complied with procedural fairness. The union argued that the agreement had been made in good faith and that it was a genuine enterprise agreement. The Commission also had to consider the objections raised by the parties and the arguments made during the hearing.

After examining the evidence and submissions, the Commission found that the agreement was a genuine enterprise agreement that met the necessary requirements. The Commission noted that the agreement was made in good faith, and that it complied with the relevant provisions of the Fair Work Act 2009. The Commission also found that the agreement contained the mandated minimum terms and conditions and that it had been made in accordance with procedural fairness. The objections raised by the parties were considered and found to be without merit. Accordingly, the Commission approved the agreement as an enterprise agreement.

The Fair Work Commission approved the Autocaps (Aust) Pty Ltd and Preslite Drive Technologies Pty Ltd Enterprise Agreement 2012 as a genuine enterprise agreement that complied with the requirements of the Fair Work Act 2009. The agreement is now legally binding on the employers and their employees.

“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