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

[2013] FWCA 1575

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)
(AG2013/469)

A PLUS STEEL FABRICATIONS PTY LTD /AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MARCH 2013

Application for approval of the A Plus Steel Fabrications Pty Ltd /AMWU Metal Engineering On-Site Construction Agreement 2011-2014 .

[1] An application has been made for approval of an enterprise agreement known as the A Plus Steel Fabrications Pty Ltd /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 20 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 (AMWU), sought approval of the A Plus Steel Fabrications Pty Ltd/AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The AMWU argued that the agreement was fair and reasonable, while objectors contended that it did not meet the necessary criteria for approval. The case was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The court needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. This required assessing whether the agreement provided for fair and reasonable terms and conditions and whether it was consistent with the broader objectives of the Act, including promoting harmonious, productive, and cooperative workplace relations. The court also had to consider whether the agreement was genuinely negotiated between the parties and whether it provided for proper consultation.

The court found that the agreement was fair and reasonable, and consistent with the objectives of the Fair Work Act. The court noted that the agreement provided for proper consultation between the parties and that it was genuinely negotiated. The court also found that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for wages, hours of work, and other employment-related matters. The objectors' concerns were dismissed as not meeting the necessary threshold for the court to consider them.

The Fair Work Commission approved the A Plus Steel Fabrications Pty Ltd/AMWU Metal Engineering On-Site Construction Agreement 2011-2014. The court's decision provides guidance for future agreements in the industry and ensures that employees are provided with fair and reasonable terms and conditions of employment.

“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