"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v JP Pipe & Steel Engineering & Construction Pty Ltd

[2009] FWA 1861

[2009] FWA 1861

FAIR WORK AUSTRALIA

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)
v
JP Pipe & Steel Engineering & Construction Pty Ltd
(AG2009/13866)

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 DECEMBER 2009

Application for approval of the JP Pipe & Steel & Construction Pty Ltd Metal Engineering On-Site Construction Agreement 2009-2011.

[1] An application has been made for approval of an enterprise agreement known as the JP Pipe & Steel & Construction Pty Ltd Metal Engineering On-Site Construction Agreement 2009-2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been 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] The Agreement was made during the bridging period 1 as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act), accordingly, when considering whether to approve the Agreement I have taken into account the provisions of Part 2–4 of Chapter 2 of the Act as modified by Schedule 7 of the Transitional Act.

[3] The AMWU and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, had given notice under s.183 of the Act that they wanted to be covered by the Agreement.

[4] Following an examination of the documents filed, I wrote to the parties on 16 October 2009 seeking further information on the date on which the application for approval was filed; the dates provided in Form F17 in respect of representational rights; and the disputes procedure in the proposed Agreement.

[5] The matter was listed for a telephone hearing on 5 November 2009. The matter was adjourned to enable further discussions between the parties, with liberty for any of the parties to apply for the matter to be relisted for hearing within 21 days. I indicated that if no such request was made within 21 days, the application would be dismissed on the basis of the bargaining representative notice point. No request has been received for the relisting of the application.

[6] The application is dismissed.

SENIOR DEPUTY PRESIDENT

Appearances:

E McGrath and S Sullivan for the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

J Hamod and H Bottomley for JP Pipe & Steel Engineering & Construction Pty Ltd.

Hearing details:

2009.

Melbourne:

November 5 (by telephone).

 1   Item 2, Part 1, of Schedule 2.

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