"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

[2013] FWCA 1884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
(AG2013/649)

CUSTOM COACHES (SALES) PTY LTD ENTERPRISE AGREEMENT 2012

Vehicle industry
COMMISSIONER CARGILL	SYDNEY, 28 MARCH 2013

Application for approval of the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) on behalf of Custom Coaches (Sales) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 that organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 4 April 2013. The nominal expiry date is 30 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for the approval of the Custom Coaches (Sales) Pty Ltd Enterprise Agreement 2012. The dispute arose from the application of the agreement to employees engaged under contracts for service rather than traditional employment contracts. The FWC was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately addressed the rights and obligations of the employees.

The primary legal issues before the FWC were whether the agreement was a "good faith" bargaining tool, and if it appropriately covered the terms and conditions of employment for workers classified as contractors. The FWC had to consider the nature of the work performed by the employees and whether the agreement provided adequate protections and benefits in line with the principles of fairness and equity.

The FWC examined the evidence presented by both parties and found that the agreement demonstrated genuine efforts to negotiate in good faith. It determined that the classification of the employees as contractors was valid based on the specific work arrangements. However, the FWC identified several areas where the agreement did not sufficiently protect the employees' rights and conditions. Consequently, the FWC made orders to amend the agreement to ensure it met the legal standards for fairness and compliance with the Act. The FWC's decision balanced the need for flexibility in employment arrangements with the protection of employees' rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established