Citywide Welding Pty Ltd

[2024] FWCA 3182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Citywide Welding Pty Ltd

(AG2024/3200)

AMWU AND CITYWIDE WELDING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries

COMMISSIONER REDFORD

MELBOURNE, 10 SEPTEMBER 2024

Application for approval of a greenfields agreement

An application has been made for approval of a greenfields agreement known as the AMWU and Citywide Welding Pty Ltd Metal & Engineering On-site Construction Agreement 2023-2026 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 of the Act are met.

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. In particular, I am satisfied that 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.

An issue was raised by the Commission in relation to Trainee rates of pay under the agreement. The Applicant has provided written undertakings in relation to that matter and a copy of the undertakings is attached in Annexure A. Pursuant to s 190(4) of the Act the views of the AMWU were sought in relation to those undertakings. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of 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(1) of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for approval of a greenfields agreement, the AMWU and Citywide Welding Pty Ltd Metal & Engineering On-site Construction Agreement 2023-2026 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (the Act). The application was made by the Australian Manufacturing Workers Union (AMWU) on behalf of employees who would be covered by the Agreement, which pertains to work in the building, metal, and civil construction industries. The Commission is required to approve the Agreement if it is satisfied that the requirements set out in ss 186 and 187 of the Act are met.

The primary legal issues before the Commission involved whether the AMWU is entitled to represent the industrial interests of a majority of the employees who would be covered by the Agreement, and whether it is in the public interest to approve the Agreement. Additionally, the Commission raised an issue regarding the Trainee rates of pay under the agreement, which was subsequently addressed by the Applicant through written undertakings. These undertakings were considered by the Commission and are now a term of the Agreement.

Commissioner Redford determined that the requirements of ss 186, 187 and 188 of the Act were met, including the AMWU's entitlement to represent the employees and the public interest in approving the Agreement. The Commissioner also noted that the Agreement was made with AMWU and covers the relevant organisation. The Agreement was approved and will operate from 17 September 2024, with a nominal expiry date of 1 July 2026. The written undertakings provided by the Applicant in relation to Trainee rates of pay have been incorporated into the Agreement as per ss 190(4) and 191(1) of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established