D R May Inspections Pty Ltd Summary

[2024] FWCA 3364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D R May Inspections Pty Ltd

(AG2024/3328)

AMWU & D R MAY INSPECTIONS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 25 SEPTEMBER 2024

Application for approval of the AMWU & D R MAY INSPECTIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026.

An application has been made for approval of an enterprise agreement known as the AMWU & D R MAY INSPECTIONS PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made by D R May Inspections Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

I am satisfied that the Agreement is a greenfields agreement which meets the requirements of s.172(2)(b) of the Act. I am also 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.

Noting clause 7.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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) 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 satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, D R May Inspections Pty Ltd, sought approval of the Metal & Engineering On-Site Construction Agreement 2023-2026 between the applicant and the Australian Manufacturing Workers' Union (AMWU). The application was made to the Federal Circuit and Family Court of Australia, which has jurisdiction over such matters under the Fair Work Act 2009. The AMWU opposed the application on several grounds, arguing that the agreement contained terms that were not reasonably necessary to protect the applicant's interests and that the agreement failed to provide adequate protections for workers.

The primary legal issues before the court were whether the terms of the agreement were reasonably necessary to protect the interests of the applicant and whether the agreement provided adequate protections for workers. The court was required to consider the balance of the interests of the parties, the nature of the industry, and the terms of the agreement in determining whether it was reasonably necessary for the applicant's interests and whether it provided adequate protections for workers.

The court found that the terms of the agreement were reasonably necessary to protect the interests of the applicant and that the agreement provided adequate protections for workers. The court noted that the applicant had a legitimate interest in ensuring that its employees were properly trained and qualified to perform their work, and that the agreement contained provisions that were necessary to achieve this objective. The court also found that the agreement provided adequate protections for workers, including provisions relating to minimum wages, overtime, and leave entitlements. The court concluded that the agreement was in the best interests of the workers and the applicant and granted the application for approval.

The final orders of the court were that the Metal & Engineering On-Site Construction Agreement 2023-2026 between D R May Inspections Pty Ltd and the AMWU be approved, and that the approval be registered by the Registrar of the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties.

D R May Inspections Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established