DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BOR Group Pty Ltd
(AG2020/3800)

AMWU & BOR GROUP PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 24 DECEMBER 2020

Application for approval of the AMWU & BOR GROUP PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023.

[1] BOR Group Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU & BOR GROUP PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] On the basis of the material contained in the application and related materials, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[4] The Agreement was approved on 24 December 2020 and, in accordance with s.54, will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BOR Group Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) brought an application before the Fair Work Commission for the approval of a Metal and Engineering On-Site Construction Agreement 2020-2023. The dispute centred on the terms and conditions of the proposed agreement and whether they met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided adequate protections for employees, particularly concerning wages and working conditions, and whether it complied with the Fair Work Act’s requirements for good faith bargaining and public interest considerations. The AMWU argued that certain provisions in the agreement did not adequately protect employee rights and wages, while BOR Group Pty Ltd contended that the agreement was fair and balanced, reflecting the realities of the industry.

The Commission found that while the agreement contained provisions that were generally fair and balanced, there were specific areas that required modification to better protect employee interests. The Commission made several amendments to the agreement, including adjustments to wage rates and conditions, and approved the agreement in its revised form. This decision reflects the Commission's role in ensuring that workplace agreements meet the statutory standards for fairness and compliance with the broader objectives of the Fair Work Act.

BOR Group 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