DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Edma Agencies Pty Ltd T/A Wexford Welding
(AG2016/6645)

EDMA AGENCIES PTY LTD AMWU ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NEW SOUTH WALES 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Edma Agencies Pty Ltd AMWU On-site Construction Collective Agreement for New South Wales 2015 - 2018.

[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 New South Wales 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Edma Agencies Pty Ltd T/A Wexford Welding. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Edma Agencies Pty Ltd T/A Wexford Welding, the Australian Building and Construction Commission (ABCC) sought approval of the Edma Agencies Pty Ltd AMWU On-site Construction Collective Agreement for New South Wales 2015 - 2018. The dispute centred on whether the proposed agreement, which included provisions for wages, conditions, and dispute resolution, complied with relevant industrial legislation and standards. The Fair Work Commission (FWC) was tasked with determining the validity and enforceability of the agreement.

The legal issues before the FWC involved scrutiny of the agreement's provisions to ensure they met the requirements set out in the Fair Work Act 2009. The FWC considered whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it complied with the general protections against unfair dismissal and the process for resolving disputes. Additionally, the FWC examined if the agreement was genuinely negotiated between the employer and the union, and whether it adhered to the principles of good faith bargaining.

The FWC found that the agreement largely met the legislative requirements, providing fair and reasonable terms for employees. The Commission approved the agreement, noting that the wage rates and conditions were competitive and aligned with industry standards. The FWC also confirmed that the agreement provided an appropriate dispute resolution process, ensuring that any grievances could be effectively addressed. The FWC concluded that the agreement was the product of genuine negotiations between the parties and was in compliance with the principles of good faith bargaining.

The final orders of the FWC were to approve the Edma Agencies Pty Ltd AMWU On-site Construction Collective Agreement for New South Wales 2015 - 2018, effective from the date of the decision. The Commission certified the agreement as a registered agreement, making it binding on all parties covered by the agreement.

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