Bridgman Metal Services Pty Ltd

[2024] FWCA 80

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Bridgman Metal Services Pty Ltd

(AG2023/5329)

AMWU & BRIDGMAN METAL SERVICES PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER JOHNS	HOBART, 9 JANUARY 2024

Application for approval of the AMWU & Bridgman Metal Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026.

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

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. In particular, 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.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 16 January 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

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) and Bridgman Metal Services Pty Ltd engaged in a dispute concerning the approval of their Metal & Engineering On-Site Construction Agreement 2023-2026. The AMWU, representing employees in the metal and engineering sectors, sought the Commission's approval of the proposed agreement, which detailed the terms of employment for workers under Bridgman Metal Services.

The primary legal issues before the Commission were whether the agreement met the necessary standards for approval under the Fair Work Act 2009, including fairness, compliance with minimum entitlements, and the proper representation of employee interests. Additionally, the Commission examined if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it did not undermine the rights or protections afforded to workers by the Fair Work Act.

The Commission found that the proposed agreement was fair and balanced, meeting all statutory requirements for approval. It concluded that the agreement provided adequate protections and entitlements to employees, while also considering the operational needs of the employer. The terms of the agreement were deemed to be reasonable and necessary for the effective operation of the business, without disadvantaging the employees. Consequently, the Commission approved the Metal & Engineering On-Site Construction Agreement 2023-2026, effective from the date of the decision.

The final orders of the Commission included the approval of the agreement, with the specific terms and conditions as outlined in the document. The approval was effective immediately, and the agreement was to be implemented by the parties in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established