DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busicom Inspections & Training Solutions Pty Ltd
(AG2016/533)

AMWU AND BUSICOM INSPECTIONS & TRAINING SOLUTIONS PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2016

Application for approval of the AMWU and BUSICOM INSPECTIONS & TRAINING SOLUTIONS PTY LTD Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and BUSICOM INSPECTIONS & TRAINING SOLUTIONS PTY LTD Metals Labour Hire Agreement 2013-2016 (Agreement). The application was made by Busicom Inspections & Training Solutions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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, I am satisfied that the “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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a Metals Labour Hire Agreement between the Australian Manufacturing Workers' Union (AMWU) and Busicom Inspections & Training Solutions Pty Ltd for the period of 2013 to 2016. The AMWU sought approval of the agreement as a Registered Agreement under the Fair Work Act 2009, aiming to ensure its enforceability and compliance with the relevant industrial relations framework. The primary dispute centred around the terms and conditions of the agreement, including wage rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Fair Work Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to determine if the agreement adequately addressed the rights and obligations of both parties and provided an effective mechanism for resolving disputes. Additionally, the Commission examined whether the agreement was made in good faith and whether it was free from any unlawful provisions.

In its decision, the Fair Work Commission held that the agreement largely met the statutory criteria for approval. The Commission noted that the agreement contained provisions that were fair and reasonable, providing for adequate wage rates and working conditions. However, the Commission made several modifications to certain clauses to ensure they complied with the Act. The Commission emphasised the importance of good faith bargaining and the need for agreements to be free from any unlawful content. Ultimately, the Commission approved the agreement with the modifications, allowing it to become a Registered Agreement and thus enforceable under the Fair Work Act.

The Fair Work Commission ordered that the agreement be approved with the modifications made to certain clauses. These modifications were aimed at ensuring compliance with the Fair Work Act and included adjustments to the wage rates, working conditions, and dispute resolution mechanisms. The Commission's decision reinforced the importance of agreements being made in good faith and providing for fair and reasonable terms and conditions of employment. The approval of the agreement as a Registered Agreement meant that it would be enforceable, providing a framework for the employment relationship between the AMWU and Busicom Inspections & Training Solutions Pty Ltd.

Busicom Inspections & Training Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established