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

[2013] FWCA 1888

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)
(AG2013/638)

AMWU AND THE CRAFTED STAINLESS COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2011

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MARCH 2013

Application for approval of the AMWU and the Crafted Stainless Collective Bargaining Workshop Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Crafted Stainless Collective Bargaining Workshop Agreement 2011 (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 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 2 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 applicant, the Australian Manufacturing Workers’ Union, sought approval for the Crafted Stainless Collective Bargaining Workshop Agreement 2011. The agreement was intended to govern the employment conditions of workers in the stainless steel manufacturing industry. The application was made under section 233 of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner Kelly, was tasked with deciding whether the agreement met the requirements for registration under the Act.

The primary legal issues before the Commission were whether the agreement satisfied the criteria for registration, including whether it provided for a fair and efficient method of determining wages and other conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relations. Additionally, the Commission needed to consider whether the agreement was consistent with the national system of industrial relations and whether it would be in the public interest to approve the agreement.

The Commission found that the agreement met the requirements for registration. It provided for a fair and efficient method of determining wages and other conditions of employment, and promoted harmonious, productive and cooperative workplace relations. The agreement also included provisions for the resolution of disputes and provided for the protection of employees' rights. The Commission was satisfied that the agreement was consistent with the national system of industrial relations and would be in the public interest to approve the agreement. Accordingly, the application was approved.

The Fair Work Commission approved the Crafted Stainless Collective Bargaining Workshop Agreement 2011. The agreement was registered as a registered agreement under section 233 of the Fair Work Act 2009. The approval of the agreement provides a framework for the determination of wages and other conditions of employment for workers in the stainless steel manufacturing industry, and promotes harmonious, productive and cooperative workplace relations. The decision of the Commission is a significant step forward in the development of industrial relations in the industry and provides a model for other industries to follow.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established