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

[2014] FWCA 3723

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)-Victorian Branch
(AG2014/6259)

AMWU AND PROTECH PERSONNEL (VIC) PTY LTD METALS LABOUR HIRE GREENFIELDS AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 5 JUNE 2014

Application for approval of the AMWU and PROTECH PERSONNEL (VIC) PTY LTD Metals Labour Hire Greenfields Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and PROTECH PERSONNEL (VIC) PTY LTD Metals Labour Hire Greenfields Agreement 2013-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the AMWU, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 5 June 2014 and, in accordance with s.54, will operate from 12 June 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) – Victorian Branch sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement, Metals Labour Hire Greenfields Agreement 2013-2016, was intended to govern the terms and conditions of employment for workers in the metals labour hire industry. The primary dispute centred around the scope and enforceability of the agreement, with specific attention given to its applicability to certain workers and the procedural fairness of the agreement's negotiation and approval process.

The FWC was required to determine whether the agreement was made in accordance with the Fair Work Act 2009 and whether it met the criteria for being a "direct" agreement. Key issues included the classification of workers under the agreement, the fairness of the bargaining process, and the extent to which the agreement was properly negotiated. Additionally, the court had to consider whether the agreement was made without coercion, undue influence, or other procedural irregularities.

The FWC concluded that the agreement was valid and should be approved. It found that the bargaining process was conducted fairly and that the agreement was not made under any duress. The commission also determined that the agreement was directly related to the employees and the employer and was made without any procedural irregularities. The FWC's decision hinged on the evidence presented regarding the negotiation process and the compliance with statutory requirements.

The FWC approved the Metals Labour Hire Greenfields Agreement 2013-2016, recognising it as a lawful and binding enterprise agreement. The approval ensures that the terms and conditions set out in the agreement are enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established