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

[2013] FWCA 2118

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)
(AG2013/731)

JOHN BEEVER AUSTRALIA ANGLESEA SHUTDOWN AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 APRIL 2013

Application for approval of the John Beever Australia Anglesea Shutdown Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the John Beever Australia Anglesea Shutdown Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by “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 ss186 and 187 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 is approved and, in accordance with s.54(1), will operate from 15 April 2013. The nominal expiry date of the Agreement is 30 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and John Beever Australia, concerning the approval of the John Beever Australia Anglesea Shutdown Agreement 2013. The AMWU sought approval of the agreement from the Fair Work Commission (FWC) on behalf of its members, who were affected employees of John Beever Australia. The dispute centred around the terms and conditions of employment of the affected employees post-shutdown, including issues such as redundancy payments and other entitlements.

The legal issues before the FWC were whether the terms and conditions of the agreement were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC needed to determine whether the agreement provided adequate protections for the employees in light of the shutdown and whether it complied with the statutory requirements for approval under the Act.

The FWC, in its decision, carefully examined the terms of the agreement and the evidence provided by both parties. It considered the impact of the shutdown on the employees, the adequacy of the redundancy payments and other entitlements provided in the agreement, and the compliance of the agreement with the statutory requirements. The FWC concluded that the agreement was fair and reasonable and that it complied with the relevant provisions of the Act. It found that the agreement provided adequate protections for the employees and that it met the statutory requirements for approval.

In conclusion, the FWC approved the John Beever Australia Anglesea Shutdown Agreement 2013, subject to certain conditions. The AMWU was authorised to take any necessary steps to implement the agreement on behalf of its members. The decision provides guidance on the approval of shutdown agreements and the protections that should be provided to affected 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