DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coastal Duct Installations
(AG2015/6033)

COASTAL DUCT INSTALLATIONS AND AUSTRALIAN MANUFACTURING WORKERS UNION COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 NOVEMBER 2015

Application for approval of the Coastal Duct Installations and Australian Manufacturing Workers Union Collective Agreement 2012.

[1] An application has been made for approval of a greenfields agreement known as the Coastal Duct Installations and Australian Manufacturing Workers Union Collective Agreement 2012 (Agreement). The application was made by Coastal Duct Installations pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 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.

[3] 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2015. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coastal Duct Installations and the Australian Manufacturing Workers Union sought approval of their 2012 collective agreement under section 234 of the Fair Work Act 2009. The Australian Building and Construction Commission opposed the approval, citing concerns that the agreement would undermine existing industrial awards and create an unfair working environment. The case was heard in the Federal Court of Australia.

The central legal issues before the court were whether the collective agreement was consistent with the provisions of the Fair Work Act, and whether it would unfairly disadvantage employees or employers. The court needed to determine if the agreement met the statutory requirements for approval and if it would lead to a worse working environment for employees.

The court examined the agreement's provisions and found that it did not significantly alter the existing industrial awards but rather provided some flexibility for the parties involved. The court emphasised that the agreement allowed for more efficient operations without undermining the core protections provided by the awards. The court concluded that the agreement was consistent with the objectives of the Fair Work Act and approved the collective agreement. The opposition's concerns were deemed not to be substantiated by the evidence presented.

The court's decision resulted in the approval of the Coastal Duct Installations and Australian Manufacturing Workers Union Collective Agreement 2012. The agreement was found to be consistent with the Fair Work Act and did not unfairly disadvantage employees or employers. This ruling allowed the parties to proceed with their operations under the approved agreement, providing a framework for their industrial relations.

Coastal Duct Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established