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

[2013] FWCA 1876

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)
(AG2013/655)

CONLO CONSTUCTIONS PTY LTD TRADING AS RULWAY AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011 - 2014

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 27 MARCH 2013

Application for approval of the Conlo Constuctions Pty Ltd trading as Rulway 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 Conlo Constuctions Pty Ltd trading as Rulway 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) 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, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 April 2013.The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Australian Manufacturing Workers’ Union (AMWU) for approval of the AMWU Metal Engineering On-Site Construction Agreement 2011-2014, concerning employees of Conlo Constructions Pty Ltd trading as Rulway. The AMWU sought to have the agreement, which outlines terms and conditions of employment for its members, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for registration, specifically whether it contained the prescribed minimum terms and conditions and whether the agreement had been made genuinely and fairly.

The primary legal issues the Commission had to resolve included whether the agreement complied with the prescribed minimum terms and conditions as stipulated in the Fair Work Act. This involved examining the specific provisions of the agreement to ensure they met or exceeded the minimum standards. Additionally, the Commission assessed whether the agreement was genuinely and fairly made, requiring an inquiry into the negotiation process and the involvement of the parties. The Commission had to consider evidence on whether there were any procedural irregularities or coercion in the agreement's formation.

In determining the validity of the agreement, the Fair Work Commission found that the AMWU Metal Engineering On-Site Construction Agreement 2011-2014 contained all the prescribed minimum terms and conditions required by law. The Commission was satisfied that the agreement had been made genuinely and fairly, without any procedural flaws or evidence of coercion. Consequently, the Commission approved the agreement, recognising it as a registered agreement. The decision was based on the comprehensive evidence provided by both parties, which demonstrated that the agreement met all statutory requirements and had been negotiated in a fair and transparent manner.

The Fair Work Commission ordered that the AMWU Metal Engineering On-Site Construction Agreement 2011-2014 be registered as a registered agreement under the Fair Work Act 2009. This registration ensures that the terms and conditions set out in the agreement are legally enforceable between Conlo Constructions Pty Ltd trading as Rulway and its employees represented by the AMWU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established