DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Engineering and Maintenance Solutions
(AG2020/3088)

AMWU & COMPLETE ENGINEERING & MAINTENANCE PTY LTD GEELONG AREA AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 5 NOVEMBER 2020

Application for approval of the AMWU & Complete engineering & maintenance PTY LTD Geelong Area Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Complete engineering & maintenance PTY LTD Geelong Area Agreement 2020 - 2023 the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Complete Engineering and Maintenance Solutions. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 12 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Complete Engineering and Maintenance Solutions, the Australian Manufacturing Workers' Union (AMWU) applied for the approval of the AMWU & Complete Engineering & Maintenance PTY LTD Geelong Area Agreement 2020-2023. The dispute centred on whether the agreement, which was negotiated between the AMWU and the company, met the necessary criteria under the Fair Work Act 2009 for registration and approval by the Fair Work Commission (FWC). This application was heard and determined by the FWC.

The primary legal issues before the court involved assessing whether the agreement contained all the mandatory terms as required by section 229 of the Fair Work Act 2009 and whether it complied with the good faith bargaining provisions under section 230 of the Act. Additionally, the court needed to consider if the agreement provided adequate protections and benefits to the employees, and whether the bargaining process was conducted fairly and in good faith.

In its decision, the FWC meticulously reviewed the contents of the agreement, noting that it incorporated all the mandatory terms and adhered to the statutory requirements under the Fair Work Act. The FWC found that the bargaining process was conducted in good faith, with both parties demonstrating a willingness to negotiate and reach a mutually acceptable outcome. The court was satisfied that the agreement provided fair and reasonable terms for the employees and met all necessary legal criteria for approval. Consequently, the FWC approved the AMWU & Complete Engineering & Maintenance PTY LTD Geelong Area Agreement 2020-2023, effective from the date of the decision.

Complete Engineering and Maintenance Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established