Concept Engineering Pty Ltd T/A Concept Engineering

[2021] FWCA 5891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Engineering Pty Ltd T/A Concept Engineering
(AG2021/7331)

AMWU & CONCEPT ENGINEERING PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2021

Application for approval of the AMWU & Concept Engineering Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Concept Engineering Pty Ltd Metal Engineering On-Site Construction 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 Concept Engineering Pty Ltd T/A Concept Engineering. 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 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 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Concept Engineering Pty Ltd, trading as Concept Engineering, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the Metal Engineering On-Site Construction Agreement 2020-2023, which was proposed for the employees of Concept Engineering. The Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issue the Commission had to decide was whether the proposed agreement provided for minimum workplace terms and conditions and if it complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement included provisions that were no less favourable than the relevant national or industry award or registered agreement, and whether it covered essential terms such as wages, hours of work, leave, and other conditions of employment. The AMWU and Concept Engineering argued for the approval of the agreement, while other stakeholders provided input that needed to be considered in the decision-making process.

In reaching its decision, the Commission examined the proposed agreement in detail and considered the submissions from both parties and other interested parties. The Commission found that the agreement provided for terms and conditions that were at least as favourable as those contained in the relevant award, and it covered all essential terms as required by the Act. The Commission also considered the practical implications of the agreement and concluded that it was fair and reasonable, taking into account the needs and interests of both employees and employers. Based on this assessment, the Commission approved the Metal Engineering On-Site Construction Agreement 2020-2023, enabling it to be registered and enforceable.

The final orders of the Commission included the approval of the Metal Engineering On-Site Construction Agreement 2020-2023, which was registered by the Fair Work Commission. This decision ensured that the agreement could be implemented, providing a framework for the terms and conditions of employment for the employees of Concept Engineering for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established