DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delfab Engineering Pty Ltd
(AG2021/4286)

AMWU AND THE DELFAB ENGINEERING PTY LTD COLLECTIVE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2021

Application for approval of the AMWU and the Delfab Engineering Pty Ltd Collective Bargaining Agreement 2020.

[1] Delfab Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU and the Delfab Engineering Pty Ltd Collective Bargaining Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2021 and, in accordance with s 54, will operate from 7 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) and Delfab Engineering Pty Ltd sought approval of their Collective Bargaining Agreement 2020. The AMWU, as the representative of the employees, and Delfab Engineering, a company in the manufacturing sector, entered into a collective agreement which required scrutiny to ensure it met the necessary standards under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it allowed for genuine freedom of association, and whether it included appropriate mechanisms for dispute resolution. Additionally, the Commission needed to assess whether the agreement met the requirements for approval under section 230 of the Act, which mandates that the agreement does not harm the industrial relations system or the broader economy.

The Commission examined the agreement in detail, considering the provisions on wages, working conditions, and dispute resolution processes. It found that the agreement contained provisions that were fair and reasonable, supported genuine freedom of association, and included effective mechanisms for resolving disputes. The Commission also noted that the agreement did not negatively impact the industrial relations system or the broader economy. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria for endorsement under the Act.

The Fair Work Commission approved the Delfab Engineering Pty Ltd Collective Bargaining Agreement 2020, determining that it contained fair and reasonable terms and conditions, supported genuine freedom of association, and included effective dispute resolution mechanisms. The Commission also concluded that the agreement did not harm the industrial relations system or the broader economy.

Delfab Engineering 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