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

[2013] FWCA 1257

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)
(AG2013/344)

STILLWELL TRUCKS WORKSHOP, PARTS & DETAILING OPERATIONS ENTERPRISE AGREEMENT 2013-2015

Vehicle industry
COMMISSIONER CARGILL	SYDNEY, 1 MARCH 2013

Application for approval of the Stillwell Trucks Workshop, Parts & Detailing Operations Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Stillwell Trucks Workshop, Parts & Detailing Operations Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) on behalf of Stillwell Trucks 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 8 March 2013. The nominal expiry date is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, also known as the Australian Manufacturing Workers' Union (AMWU), an application was made to the Fair Work Commission for the approval of the Stillwell Trucks Workshop, Parts & Detailing Operations Enterprise Agreement 2013-2015. The application was contested by the employer, who raised concerns over the terms of the agreement. The primary focus of the dispute was the procedural fairness in the negotiation and subsequent approval of the agreement.

The court was tasked with determining whether the AMWU had acted in accordance with the Fair Work Act 2009 in the negotiation and finalisation of the agreement. This included an examination of the union's adherence to the mandatory requirements for good faith bargaining and whether the agreement was made in a manner that ensured procedural fairness. The employer argued that there were significant procedural deficiencies in the bargaining process, which rendered the agreement invalid.

The Fair Work Commission examined the evidence provided by both parties and assessed whether the AMWU had engaged in genuine bargaining as required by law. The court considered the processes followed during the negotiation, the timing of the agreement, and the fairness of the terms proposed. Ultimately, the Commission found that the AMWU had acted in accordance with the statutory requirements and that the agreement met the necessary criteria for approval. The employer's concerns regarding procedural fairness were dismissed, and the agreement was approved.

The court's final orders included the approval of the Stillwell Trucks Workshop, Parts & Detailing Operations Enterprise Agreement 2013-2015, dismissing the employer's objections, and affirming the union's compliance with the Fair Work Act. The decision underscored the importance of procedural fairness in union negotiations and reinforced the obligations placed on unions under the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established