DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Crafted Stainless
(AG2016/1748)

AMWU AND THE CRAFTED STAINLESS COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the AMWU and the CRAFTED STAINLESS Collective Bargaining Workshop Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the CRAFTED STAINLESS Collective Bargaining Workshop Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crafted Stainless. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Manufacturing Workers' Union (AMWU) applied for approval of the CRAFTED STAINLESS Collective Bargaining Workshop Agreement 2016, which had been negotiated with Crafted Stainless Pty Ltd. The AMWU sought to have the agreement recognised as a protected action in accordance with the Fair Work Act 2009. The application was made under section 233 of the Act, which allows for the approval of agreements that have been negotiated in good faith and are intended to facilitate a resolution of a workplace dispute. The legal issues before the court were whether the AMWU had genuinely negotiated the agreement in good faith and whether the agreement itself was consistent with the provisions of the Fair Work Act, particularly in terms of its provisions on employee rights and obligations.

The court found that the AMWU had genuinely negotiated the agreement in good faith, as evidenced by the extensive discussions and compromises that had taken place between the parties. The court also determined that the agreement was consistent with the Fair Work Act, as it contained provisions that protected the rights of employees and ensured that they were not disadvantaged by the agreement. The court further found that the agreement was not inconsistent with any relevant industrial instruments and that it did not contain any provisions that would have the effect of undermining the rights of employees. The court was satisfied that the agreement was a genuine attempt to resolve the workplace dispute and that it was in the best interests of both parties.

In light of the above findings, the court granted the AMWU's application for approval of the agreement. The court determined that the agreement was a protected action in accordance with section 233 of the Fair Work Act and that it should be recognised as such. The court's decision was based on its assessment of the evidence and its determination that the agreement was consistent with the provisions of the Act and did not undermine the rights of employees. The court's decision was also influenced by the fact that the agreement had been negotiated in good faith and was intended to resolve the workplace dispute. The court's approval of the agreement was a significant step towards resolving the dispute and ensuring that employees were protected under the terms of the agreement.

Crafted Stainless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established