Bridgman Metal Services Pty Ltd

[2024] FWCA 55

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Bridgman Metal Services Pty Ltd

(AG2023/5323)

AMWU AND BRIDGMAN METAL SERVICES PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER JOHNS	HOBART, 8 JANUARY 2024

Application for approval of the AMWU AND BRIDGMAN METAL SERVICES PTY LTD Metal Engineering North East Link Project Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the AMWU AND BRIDGMAN METAL SERVICES PTY LTD Metal Engineering North East Link Project 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 15 January 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) sought approval for an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and Bridgman Metal Services Pty Ltd for the Metal Engineering North East Link Project Agreement 2023 - 2026. The ABCC sought to ensure that the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues centred on whether the proposed agreement provided for the Fair Work Commission's (FWC) "no disadvantage test" and whether it contained provisions that would unfairly disadvantage any person. Additionally, the court considered whether the agreement adequately provided for the rights and obligations of the parties and whether it complied with the relevant legislative framework.

The court found that the agreement did not contravene the no disadvantage test as it provided for the fair and equitable treatment of employees. The court determined that the provisions of the agreement were consistent with the objectives of the FWC and the relevant legislation. The court also found that the agreement contained adequate protections for employees and did not unfairly disadvantage any person. Based on these findings, the court approved the agreement, ensuring that it complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The final orders of the court approved the AMWU AND BRIDGMAN METAL SERVICES PTY LTD Metal Engineering North East Link Project Agreement 2023 - 2026, ensuring that it met the necessary legal requirements and provided for the fair and equitable treatment of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established