DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D.C. Welding and Steel Fabrication
(AG2015/5998)

D.C. WELDING AND STEEL FABRICATION AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the D.C. WELDING AND STEEL FABRICATION and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the D.C. WELDING AND STEEL FABRICATION and AMWU Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made by D.C. Welding and Steel Fabrication pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

D.C. Welding and Steel Fabrication applied for the approval of the D.C. WELDING AND STEEL FABRICATION and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Building and Construction Commission was responsible for determining whether the agreement met the requirements under the Building and Construction Industry (Industrial Action) Act 2008. The AMWU union and D.C. Welding and Steel Fabrication sought approval for the agreement, while the Australian Building and Construction Commission argued that the agreement was not suitable for approval. The primary legal issue for the court was to determine whether the agreement complied with the statutory requirements under the Building and Construction Industry (Industrial Action) Act 2008. The court needed to consider whether the agreement contained the necessary provisions to ensure it was not used for industrial action and whether it met the requirements for the approval process.

The court examined the provisions of the agreement and found that it contained all the necessary elements to prevent its use for industrial action. The court considered the specific terms of the agreement and the context in which it was intended to be used. It was determined that the agreement met the requirements of the Building and Construction Industry (Industrial Action) Act 2008 and was suitable for approval. The court found that the agreement contained provisions that ensured it would not be used for industrial action, and it met the necessary criteria for approval. Consequently, the court approved the agreement. The final orders of the court were that the D.C. WELDING AND STEEL FABRICATION and AMWU Metal Engineering On-Site Construction Agreement 2014 be approved as a protected action process agreement under section 295 of the Building and Construction Industry (Industrial Action) Act 2008.

D.C. Welding and Steel Fabrication

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established