| [2022] FWCA 2176 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services
(AG2022/2088)
AMWU and Bridgman Metal Services Pty Ltd Metals Labour Hire Agreement 2019-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 30 JUNE 2022 |
Application for approval of the AMWU and Bridgman Metal Services Pty Ltd Metals Labour Hire Agreement 2019-2023
An application has been made for approval of a greenfields agreement known as the AMWU and Bridgman Metal Services Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement).
This is a greenfields agreement that meets the requirements of s.172(2)(b) 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.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516494 PR743206>
- AGLC
- Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services [2022] FWCA 2176
- Case
- [2022] FWCA 2176
- Decision Date
CaseChat Overview and Summary
The central legal issue the court had to address was whether the proposed Metals Labour Hire Agreement 2019-2023 met the criteria for approval under the Fair Work Act 2009. This involved ensuring that the agreement complied with the procedural requirements, was free from any unlawful content, and was not detrimental to the employees it covered. The court examined the agreement's compliance with the Act, including whether it had been fairly negotiated and whether it provided a safety net for the employees.
The Fair Work Commission found that the Metals Labour Hire Agreement 2019-2023 met the necessary criteria for approval. The court determined that the agreement had been fairly negotiated, contained lawful provisions, and did not undermine the safety net provided by the Fair Work Act. The commission was satisfied that the agreement provided adequate protections for the employees and would not have an adverse effect on their employment conditions. As a result, the commission approved the agreement, allowing it to come into effect.
The final orders of the Fair Work Commission approved the Metals Labour Hire Agreement 2019-2023, ensuring that it would govern the employment terms and conditions of the workers in the metals labour hire industry for the specified period. The approval of the agreement provides a legal framework for the relationship between the AMWU and Bridgman Metal Services Pty Ltd, establishing the rights and obligations of both parties under the agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.