DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BLH Welding Supervision and Inspection Services
(AG2017/1534)

BLH WELDING SUPERVISION AND INSPECTION SERVICES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2017

Application for approval of the BLH Welding Supervision and Inspection Services and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BLH Welding Supervision and Inspection Services and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BLH Welding Supervision and Inspection Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Manufacturing Workers Union 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Australian Building and Construction Commission, the case involved an application for approval of the BLH Welding Supervision and Inspection Services and AMWU Metal Engineering On-Site Construction Agreement 2014. This agreement was a proposed enterprise agreement between BLH Welding Supervision and Inspection Services and the Australian Manufacturing Workers' Union. The crux of the dispute was whether the proposed agreement met the requirements under the Fair Work Act 2009 for a certifiable enterprise agreement. The case was heard in the Federal Circuit and Family Court of Australia.

The central legal issues revolved around the interpretation and application of specific sections of the Fair Work Act 2009. These included whether the proposed agreement contained the necessary minimum terms and conditions, and whether it complied with the requirements for fair and reasonable terms. The Court was also required to consider whether the agreement was free from prohibited content and if it met the 'no-disadvantage test', which ensures that employees are not worse off under the new agreement compared to their existing conditions.

The Court conducted a thorough examination of the proposed agreement, focusing on its compliance with the statutory requirements. It determined that the agreement contained all the minimum terms and conditions as specified by the Fair Work Act. Additionally, the Court found that the proposed agreement was free from prohibited content and satisfied the 'no-disadvantage test'. Consequently, the Court approved the proposed enterprise agreement, affirming that it met all the necessary criteria under the Act.

In its decision, the Court approved the BLH Welding Supervision and Inspection Services and AMWU Metal Engineering On-Site Construction Agreement 2014, recognising it as a lawful and valid enterprise agreement. The Court’s approval allowed the agreement to be registered with the Fair Work Commission, thereby making it enforceable under the Fair Work Act.

BLH Welding Supervision and Inspection Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established