DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Dunwood Recruitment
(AG2018/4980)

DUNWOOD RECRUITMENT AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 23 OCTOBER 2018

Application for approval of the Dunwood Recruitment 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 Dunwood Recruitment 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 Dunwood Recruitment.

[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 30 October 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

Dunwood Recruitment sought approval of the Dunwood Recruitment and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 from the Fair Work Commission. The applicant, Dunwood Recruitment, sought approval of the Agreement for the purpose of section 235 of the Fair Work Act 2009. The applicant submitted that the Agreement was a good faith attempt to facilitate the efficient and productive operation of the workplace. The Australian Manufacturing Workers' Union opposed the approval, claiming that the Agreement did not meet the requirements of section 235 of the Act, as it did not promote workplace efficiency and productivity.

The central issue before the Commission was whether the Agreement met the criteria for approval under section 235 of the Act. This required consideration of whether the Agreement was a genuine attempt to facilitate the efficient and productive operation of the workplace and whether it was consistent with the objects of the Act, including the protection of employees' rights. The Commission examined the terms of the Agreement and the submissions of both parties, considering whether the Agreement was likely to promote workplace efficiency and productivity and whether it provided adequate protections for employees.

The Commission found that the Agreement was a genuine attempt to facilitate the efficient and productive operation of the workplace. The Agreement provided for a streamlined recruitment process, which would reduce the time and costs associated with recruiting and training new employees. The Agreement also included provisions for flexible working arrangements, which would allow employees to balance their work and personal commitments more effectively. The Commission was satisfied that the Agreement was consistent with the objects of the Act and provided adequate protections for employees.

The Commission approved the Agreement, subject to certain modifications to ensure that it met the requirements of section 235 of the Act. The modifications included the addition of a clause that ensured employees were not disadvantaged by the Agreement and the removal of a clause that allowed for the use of casual labour in certain circumstances. The Commission noted that the modifications did not significantly alter the substance of the Agreement and that the Agreement would still promote workplace efficiency and productivity.

Dunwood Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established