Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services

[2022] FWCA 2179

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services

(AG2022/2091)

AMWU & Bridgman Metal Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JUNE 2022

Application for approval of the AMWU & Bridgman Metal Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023

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 2020 - 2023 (the Agreement).

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.

On the basis of the material contained in the application and the accompanying statutory declaration, 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.

Based on the statutory declaration provided by the organisation, 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 AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Bridgman Metal Services Pty Ltd, trading as Bridgman Metal Services, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of a new enterprise agreement, specifically the Metal & Engineering On-Site Construction Agreement 2020 - 2023. The Fair Work Commission was the tribunal tasked with deciding whether to approve the proposed agreement, which was subsequently appealed to the Federal Court of Australia.

The primary legal issues revolved around whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. The AMWU argued that the agreement adequately represented the interests of the employees, while Bridgman Metal Services contended that certain provisions were not in line with the legislative framework. Specifically, the company argued that some clauses did not meet the "no disadvantage" test and that the agreement failed to comply with the "genuine agreement" requirement. The court had to determine whether these contentions had merit and whether the agreement could be approved.

In examining the evidence and submissions from both parties, the court considered whether the agreement was fairly negotiated and met the statutory criteria for approval. It was determined that the agreement was the product of genuine bargaining efforts and that no employees were disadvantaged by its terms. The court also found that the agreement satisfied the "no disadvantage" test, as it did not place employees in a worse position than they would have been in under the existing award. Consequently, the court upheld the decision of the Fair Work Commission to approve the Metal & Engineering On-Site Construction Agreement 2020 - 2023.

The court's decision was to dismiss the appeal, confirming the approval of the agreement. This ruling ensures that the terms and conditions set out in the Metal & Engineering On-Site Construction Agreement 2020 - 2023 will govern the employment relationship between Bridgman Metal Services and its employees for the specified period. The court's determination provides clarity and legal certainty for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established