DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering (Aust) Pty Ltd
(AG2018/766)

CONCEPT ENGINEERING AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 24 MAY 2018

Application for approval of the Concept Engineering and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (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.

[2] 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.

[3] The Agreement contained a minor error at clause 1.0. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 24 May 2018 and, in accordance with s.54, will operate from 31 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Concept Engineering (Aust) Pty Ltd applied for the approval of a new enterprise agreement, the Concept Engineering and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, which was to apply to the employees of the company. The Australian Manufacturing Workers’ Union (AMWU) supported the application, while the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed it. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement complied with the statutory requirements for enterprise agreements as outlined in the Fair Work Act. This included examining whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been certified by an independent third party. Additionally, the FWC had to consider the impact of the agreement on the employees and whether it provided fair and reasonable terms and conditions of employment.

In its decision, the FWC found that the proposed agreement met all the statutory requirements for approval. The Commission concluded that the agreement was made in good faith and contained all the mandated minimum terms and conditions. Furthermore, the FWC determined that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the specific circumstances of the industry and the parties involved. The FWC also noted that the agreement had been certified as meeting the requirements for approval by an independent third party, which was a necessary step in the approval process. As a result, the FWC approved the Concept Engineering and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, and it became a legally binding enterprise agreement between Concept Engineering (Aust) Pty Ltd and the AMWU.

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