DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2019/2777)

AMWU AND CONCEPT ENGINEERING METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 AUGUST 2019

Application for approval of the AMWU and Concept Engineering Metals Labour Hire Agreement 2019-2023.

[1] Concept Engineering (Aust) Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU and Concept Engineering Metals Labour Hire Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] After the application was made, the parties sought to correct a typographical error at clause 4 of the Agreement. Having considered the views of the Applicant and bargaining representative, I consider that the correction should be made and it is appropriate to do so pursuant to s.586 of the Act.

[3] On the basis of the material contained in the application and further information provided on request of the Commission, 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.

[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. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 22 August 2019 and, in accordance with s.54, will operate from 29 August 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concept Engineering (Aust) Pty Ltd applied to the Fair Work Commission for approval of the AMWU and Concept Engineering Metals Labour Hire Agreement 2019-2023. The AMWU was a trade union, and Concept Engineering was a company that hired out workers. The dispute centred around the terms and conditions of employment as outlined in the agreement between the two parties. The Fair Work Commission was the court that handled this application.

The legal issues before the court were whether the agreement was in accordance with the Fair Work Act 2009 and if it provided adequate protections for the workers. The court had to consider if the agreement met the criteria for being a "modern award" under the Act, and if it complied with the "better off overall test" which requires that employees be no worse off financially under the agreement than they would be under the relevant modern award.

The court found that the agreement was in line with the Fair Work Act and provided suitable protections for the workers. It met the criteria for a modern award, as it covered the essential terms and conditions of employment, and it passed the better off overall test. The agreement provided benefits that went beyond the minimum requirements of the modern award, such as additional leave entitlements and a wage increase. Therefore, the court approved the agreement.

The court ordered that the AMWU and Concept Engineering Metals Labour Hire Agreement 2019-2023 be approved and registered with the Fair Work Commission. This decision meant that the agreement would now govern the employment terms and conditions for workers hired through Concept Engineering under the specified period.

Concept Engineering (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established