Concept Engineering (Aust) Pty Ltd Summary

[2014] FWCA 5488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2014/1978)

CONCEPT ENGINEERING (AUST) PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 12 AUGUST 2014

Application for approval of the Concept Engineering (AUST) Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering (AUST) Pty Ltd Metals Labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Concept Engineering (Aust) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The consultation term of the enterprise agreement, clause 37, does not meet the requirements of s.205(1) and (1A) of the Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 19 August 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involves Concept Engineering (Aust) Pty Ltd, which sought approval for the Metals Labour Hire Agreement 2013-2016. The application was lodged with the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on the provisions of the agreement that related to the classification and remuneration of employees engaged under the agreement.

The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided adequate protections for employees, including fair remuneration and classification, and whether it met the standards of procedural fairness. The application also involved scrutiny of the agreement's compliance with minimum wage rates and other relevant industrial instruments.

In examining the application, the Commission took into account the submissions from both Concept Engineering (Aust) Pty Ltd and the relevant unions. The Commission assessed whether the proposed agreement provided sufficient safeguards for employees and if it aligned with the objectives of the Fair Work Act. The Commission found that the agreement met the necessary criteria for approval as it provided for fair and reasonable terms that were not contrary to public interest. Consequently, the Commission approved the Metals Labour Hire Agreement 2013-2016.

The Fair Work Commission approved the Metals Labour Hire Agreement 2013-2016, finding that it met the requirements of the Fair Work Act and provided adequate protections for employees. The decision confirmed the agreement's compliance with relevant industrial standards and procedural fairness, thereby allowing the agreement to proceed as intended.

Concept Engineering (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established