DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunwood Recruitment
(AG2019/4646)

AMWU AND DUNWOOD RECRUITMENT METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JANUARY 2020

Application for approval of the AMWU and Dunwood Recruitment Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and Dunwood Recruitment Metals Labour Hire Agreement 2019-2023 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dunwood Recruitment.

[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 “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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 7 January 2020 and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission (FWC) for the approval of the AMWU and Dunwood Recruitment Metals Labour Hire Agreement 2019-2023. Dunwood Recruitment opposed the application. The FWC was required to determine whether the agreement was in the best interests of the employees covered by the agreement, and whether the agreement met the criteria for approval under the Fair Work Act 2009.

The AMWU argued that the agreement was in the best interests of the employees, and that it provided for appropriate conditions and protections for the employees. Dunwood Recruitment argued that the agreement was not in the best interests of the employees, and that it contained provisions that were overly restrictive and would limit the flexibility of the business. The FWC considered the arguments of both parties and examined the terms of the agreement. The FWC found that the agreement was in the best interests of the employees, and that it provided for appropriate conditions and protections for the employees. The FWC also found that the agreement met the criteria for approval under the Fair Work Act 2009.

The FWC approved the AMWU and Dunwood Recruitment Metals Labour Hire Agreement 2019-2023, and the agreement is now in force. The FWC noted that the agreement provided for a fair and reasonable balance between the interests of the employees and the business, and that it provided for appropriate protections for the employees. The FWC also noted that the agreement contained provisions that were necessary to ensure the ongoing viability of the business, and that these provisions were not overly restrictive.

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