DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Weld
(AG2019/1486)

CITY WELD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MAY 2019

Application for approval of the CITY WELD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the CITY WELD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Weld. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved City Weld, a company in the welding and metal fabrication industry, and the Australian Manufacturing Workers' Union (AMWU). The union sought approval for a proposed agreement, the City Weld and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, under the Fair Work Act 2009. The application was brought before the Fair Work Commission, the body responsible for overseeing workplace agreements in Australia.

The primary legal issues before the court were whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for a fair and equitable resolution of workplace issues, and whether it adhered to the principles of enterprise bargaining. The court also had to consider whether the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Fair Work Commission found that the agreement did not meet the necessary standards for approval. The commission identified several issues with the agreement, including its failure to adequately address key workplace issues such as pay rates, conditions, and dispute resolution mechanisms. The commission also noted that the agreement did not sufficiently protect the rights of employees, particularly in relation to workplace health and safety. Consequently, the commission refused to approve the agreement, finding that it did not provide for a fair and equitable resolution of workplace issues as required by the Fair Work Act.

The Fair Work Commission's decision was final, and the proposed agreement was not approved. This outcome highlights the importance of ensuring that workplace agreements are carefully drafted and negotiated to meet the legal requirements set out in the Fair Work Act. Employers and unions must ensure that any proposed agreements provide for a fair and equitable resolution of workplace issues, and adequately protect the rights of all parties involved.

City Weld

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established