DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citiwide Prefab Pty Ltd
(AG2020/512)

CITIWIDE PREFAB PTY LTD / AMWU ON-SITE CONSTRUCTION HVAC WORKERS NSW ENTERPRISE AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 APRIL 2020

Application for approval of the Citiwide Prefab Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Citiwide Prefab Pty Ltd / AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 30 November 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Citiwide Prefab Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Citiwide Prefab Pty Ltd/AMWU On-Site Construction HVAC Workers NSW Enterprise Agreement 2020-2023. The Australian Manufacturing Workers' Union (AMWU) opposed the application. The AMWU argued that the enterprise agreement did not meet the requirements of the Fair Work Act 2009 (Cth). The FWC was required to determine whether the enterprise agreement complied with the relevant legislative provisions. The FWC considered the arguments of both parties and examined the enterprise agreement in detail. The FWC determined that the enterprise agreement did not comply with section 235(1)(b) of the Fair Work Act, which requires that an enterprise agreement must not discriminate against a person on the basis of age, sex, marital status, pregnancy, potential pregnancy, breastfeeding, family responsibilities, disability, race, colour, ethnic or national origin, social origin, political opinion, religious belief or activity, industrial activity, member or non-member of a trade union, industrial dispute activity, criminal record, sexual orientation, gender identity or intersex status.

The FWC found that the enterprise agreement allowed for the dismissal of workers based on age and sex, which was not permissible under the Fair Work Act. The FWC also found that the enterprise agreement did not provide adequate protections for workers with disabilities or family responsibilities. The FWC rejected the arguments of Citiwide Prefab Pty Ltd and upheld the objections of the AMWU. The FWC did not grant approval of the enterprise agreement. The FWC ordered that the application be dismissed and that the enterprise agreement be returned to the parties for amendment.

Citiwide Prefab 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