BMC Welding and Construction Pty Ltd

[2014] FWCA 1057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding and Construction Pty Ltd
(AG2014/126)

AMWU/AWU AND BMC WELDING & CONSTRUCTION PTY LTD AUSTRALIAN PAPER MARYVALE MILL AND SUPPLEMENTARY MAINTENANCE CERTIFIED AGREEMENT 2012 - 2015

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 12 FEBRUARY 2014

Application for approval of the AMWU/AWU and BMC Welding & Construction Pty Ltd Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012 - 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the AMWU/AWU and BMC Welding & Construction Pty Ltd Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMC Welding and Construction Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 24 January 2014.

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2014. The nominal expiry date of the Agreement is 30 June 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union and Australian Workers' Union brought an application for approval of an enterprise agreement against BMC Welding and Construction Pty Ltd, in the Fair Work Commission. The agreement in question was the AMWU/AWU and BMC Welding & Construction Pty Ltd Australian Paper Maryvale Mill and Supplementary Maintenance Certified Agreement 2012 - 2015. The legal issues before the court were whether the agreement met the procedural requirements for approval, including whether it was made in good faith and whether it contained appropriate dispute resolution processes.

The court found that the agreement met all the necessary procedural requirements. The application was made in good faith, and the agreement contained appropriate dispute resolution processes. The court also found that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The court approved the agreement, and it became a legally binding enterprise agreement between the parties. The final orders included the approval of the enterprise agreement, which was to be registered with the Fair Work Commission. The agreement was to commence on 1 July 2012 and expire on 30 June 2015, subject to any early termination in accordance with the agreement or the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established