DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construct Commercial Personnel Pty Ltd
(AG2018/6488)

CONSTRUCT COMMERCIAL PERSONNEL PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 DECEMBER 2018

Application for approval of the CONSTRUCT COMMERCIAL PERSONNEL PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of a greenfields agreement known as the CONSTRUCT COMMERCIAL PERSONNEL PTY LTD 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 (Act). The Agreement is a greenfields agreement. It has been made by Construct Commercial Personnel Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) of the Act it will operate from 26 December 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

The case before the Fair Work Commission involved Construct Commercial Personnel Pty Ltd, the applicant, seeking approval for the AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) intervened in the application, raising concerns about the agreement’s implications for their members. The Commission was tasked with determining whether the proposed agreement met the criteria for registration under the Fair Work Act 2009.

The central legal issues the Commission addressed were whether the agreement contained appropriate mechanisms for resolving workplace disputes, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission examined if the agreement’s terms were fair and reasonable for the employees covered by it. The interveners argued that the agreement did not sufficiently protect workers’ rights and could lead to unfair treatment in the workplace.

In its decision, the Commission found that the proposed agreement contained adequate dispute resolution mechanisms and demonstrated good faith bargaining between the parties. The Commission emphasised that the agreement provided for a structured process to address workplace issues and ensure fair treatment of employees. While acknowledging the interveners' concerns, the Commission concluded that the agreement's terms were fair and reasonable, taking into account the specific context of the construction industry. The Commission approved the agreement, subject to certain conditions designed to safeguard employee interests.

The Commission's final orders included the registration of the AMWU Metal Engineering On-Site Construction Agreement 2017-2020, with the specified conditions to be met to ensure ongoing compliance with the Fair Work Act. The interveners' concerns were noted, but the Commission determined that the benefits of the agreement outweighed any potential risks to employee welfare.

Construct Commercial Personnel 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