DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDMA Agencies Pty Ltd T/A Wexford Welding
(AG2019/314)

EDMA AGENCIES PTY LTD AMWU ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2018-2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 MAY 2019

Application for approval of the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by EDMA Agencies Pty Ltd T/A Wexford Welding. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved EDMA Agencies Pty Ltd, trading as Wexford Welding, and the Australian Manufacturing Workers' Union. The dispute arose from an application for the approval of the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2018-2021. The application was brought under the Fair Work Act 2009, with the commission having the authority to approve, reject, or provisionally approve the agreement.

The primary legal issues before the commission were whether the collective agreement complied with the relevant sections of the Fair Work Act and the Fair Work Regulations. Specifically, the commission needed to determine if the agreement met the requirements for good faith bargaining, the provision of procedural fairness, and whether it contained any unlawful content. The union argued that the agreement was the result of genuine bargaining and was fair and reasonable, while the employer contested several provisions, claiming they were unlawful and not in good faith.

The commission examined the evidence and submissions from both parties, focusing on the process of negotiation and the content of the agreement. The commission noted that the negotiations were conducted in good faith and that the union had provided adequate information to the employer. The employer's objections to certain provisions were largely related to the interpretation and application of the law rather than substantive issues with the agreement itself. The commission found that the agreement was fair and reasonable, met the necessary legal standards, and contained no unlawful content. Consequently, the commission approved the collective agreement.

The final orders of the commission were that the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2018-2021 be approved under the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of approval until the end of the specified period, with the possibility of extensions or modifications as permitted by law.

EDMA Agencies Pty Ltd T/A Wexford Welding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established