Concept Engineering (Aust) Pty Ltd Summary

[2023] FWCA 2292

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd

(AG2023/2377)

AMWU & CONCEPT ENGINEERING METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 25 JULY 2023

Application for approval of the AMWU & CONCEPT ENGINEERING Metal & Engineering On-Site Construction Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU & CONCEPT ENGINEERING 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). It has been made by Concept Engineering (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Australian Manufacturing Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 1 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Concept Engineering (Aust) Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the approval of the Metal & Engineering On-Site Construction Agreement 2023 - 2026. The application was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues the court addressed were whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was genuinely an enterprise agreement. The court also needed to consider whether the agreement was in the interests of the employees covered by it, and whether any objections raised by the parties were valid.

The court carefully examined the terms of the agreement, the bargaining process, and the submissions from both parties. It found that the agreement met all the necessary criteria for approval. The court noted that the agreement was the result of good faith bargaining between the employer and the union, and that it provided for fair and reasonable terms and conditions. The court also determined that the agreement was in the interests of the employees and that any objections were not substantiated. Based on this analysis, the court approved the agreement.

In conclusion, the Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2023 - 2026 between Concept Engineering (Aust) Pty Ltd and the AMWU. The court found that the agreement met all the necessary criteria for approval, including that it was the result of genuine bargaining and provided for fair and reasonable terms and conditions. The court also determined that the agreement was in the interests of the employees and that any objections were not valid.

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