Best Fab Vic

[2024] FWCA 1323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Best Fab Vic

(AG2024/876)

AMWU & BEST FAB VIC METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 15 APRIL 2024

Application for approval of the AMWU & Best Fab Vic Metal & Engineering On-Site Construction Agreement 2023 - 2026.

An application has been made for approval of a greenfields agreement known as the AMWU & Best Fab Vic Metal & Engineering On-Site Construction Agreement 2023 - 2026 (Agreement). The application was made by Best Fab Vic pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Australian Manufacturing Workers' Union (AMWU) for the approval of a proposed agreement between the union and Best Fab Vic. The dispute was brought before the Fair Work Commission. The central issue for the court was to determine whether the proposed agreement met the requirements under the Fair Work Act 2009 for being approved and registered as a registered agreement.

The court examined whether the agreement was made in good faith and whether it provided for the proper management and administration of the workplace. The court also considered whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement, and whether it met the criteria for a single-enterprise agreement. The court found that the proposed agreement was made in good faith and provided for the proper management and administration of the workplace. Additionally, the court determined that the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or registered agreement.

After considering all the evidence and submissions, the court approved and registered the AMWU & Best Fab Vic Metal & Engineering On-Site Construction Agreement 2023 - 2026. The court found that the agreement met all the necessary criteria under the Fair Work Act 2009 and would operate in the interests of the employees and employers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established