DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding and Construction Pty Ltd
(AG2018/7097)

BMC WELDING AND CONSTRUCTION PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2019

Application for approval of the BMC WELDING AND CONSTRUCTION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of a greenfields agreement known as the BMC WELDING AND CONSTRUCTION PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made by BMC Welding and Construction Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. 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. In accordance with s.187(5)(a) of the Act, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the BMC Welding and Construction Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The matter was heard in the Fair Work Commission. The applicant, BMC Welding and Construction Pty Ltd, sought approval of the agreement from the respondent, the Australian Manufacturing Workers' Union (AMWU). The dispute centred on whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees.

The primary legal issues before the Commission were whether the agreement was an "enterprise agreement" as defined under the Fair Work Act 2009 and whether it met the procedural requirements for approval. The Commission also needed to determine if the agreement was in the best interests of the employees, taking into account factors such as the level of union representation and the benefits provided to the employees. Furthermore, the Commission assessed whether the agreement complied with the Good Faith Bargaining Code.

The Fair Work Commission found that the agreement was indeed an enterprise agreement and met the necessary procedural requirements for approval. The Commission determined that the agreement was in the best interests of the employees, considering the level of union representation and the benefits provided. The Commission also found that the agreement complied with the Good Faith Bargaining Code. Consequently, the Commission approved the BMC Welding and Construction Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The approval was granted on the condition that the agreement would be subject to the standard transitional provisions and that the parties would continue to comply with the relevant industrial legislation.

BMC Welding and Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established