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

[2013] FWCA 1667

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)
(AG2013/517)

ASPECTS FABRICATIONS AUSTRALIA AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 MARCH 2013

Application for approval of the Aspects Fabrications Australia 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 Aspects Fabrications Australia 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 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 25 March 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 an enterprise agreement with Aspects Fabrications Australia, covering employees within the metal engineering on-site construction sector. The Fair Work Commission was tasked with assessing whether the agreement met the legal criteria for approval under the Fair Work Act 2009. The AMWU argued that the agreement was fair and reasonable, while no objections were raised by the employer or any other party.

The legal issues before the Commission included whether the agreement met the "no disadvantage" test, which requires that employees not be worse off under the agreement than they would be under the applicable award or the general industrial entitlements. The Commission also considered whether the agreement complied with procedural fairness requirements, such as adequate consultation with employees and the provision of relevant information.

The Commission found that the agreement satisfied the no disadvantage test and procedural fairness requirements. The AMWU had demonstrated through evidence that employees would not be worse off under the new agreement, and had provided proof of extensive consultation with the workforce. The Commission noted that the agreement included provisions for increased wages, improved conditions, and better dispute resolution mechanisms, which did not disadvantage employees but rather enhanced their entitlements. Consequently, the application for approval was successful.

The Fair Work Commission approved the Aspects Fabrications Australia and AMWU Metal Engineering On-Site Construction Agreement 2011-2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all relevant employees until it expired or was replaced by a new agreement.

“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