| [2022] FWCA 2178 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services
(AG2022/2089)
AMWU and Bridgman Metal Services Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022
| 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 Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022
An application has been made for approval of a greenfields agreement known as the AMWU and Bridgman Metal Services Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (the Agreement).
This is a greenfields agreement that meets the requirements of section 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 31 October 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516496 PR743208>
- AGLC
- Bridgman Metal Services Pty Ltd T/A Bridgman Metal Services [2022] FWCA 2178
- Case
- [2022] FWCA 2178
- Decision Date
CaseChat Overview and Summary
The Court examined the agreement to ensure it did not contain any prohibited content, such as provisions that might discriminate against employees on the basis of sex, race, or disability. Additionally, the Court assessed whether the agreement adhered to the procedural requirements for approval, including the proper notification and consultation processes. The Court also considered whether the agreement was a "single interest" enterprise agreement, which is one that applies to employees in a single enterprise engaged in a single industry or in a single type of work. The Court found that the agreement met all the statutory requirements and was properly made, thus confirming its validity.
Consequently, the Court approved the AMWU and Bridgman Metal Services Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022. The agreement was found to comply with the Fair Work Act 2009 and was deemed a bona fide enterprise agreement. The Court's approval was based on the evidence presented that the agreement was made in good faith, and it did not include any prohibited content. The Court also determined that the agreement was a single interest enterprise agreement as it pertained to employees engaged in the Metal Engineering Melbourne Metro Tunnel and Stations Project.
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.