EDMA Agencies Pty Ltd T/A Wexford Welding Summary

[2024] FWCA 3792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

EDMA Agencies Pty Ltd T/A Wexford Welding

(AG2024/3666)

EDMA AGENCIES PTY LTD AMWU ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2024-2027

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 30 OCTOBER 2024

Application for approval of the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2024-2027

EDMA Agencies Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2024-2027 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]

Delegates’ rights term

The Agreement does not contain a delegates’ rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

Section 183 Bargaining Representatives

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 FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 November 2024. The nominal expiry date of the Agreement is 6 November 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of EDMA Agencies Pty Ltd, trading as Wexford Welding, was heard and determined. The primary dispute concerned the approval of the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for New South Wales, covering the period from 2024 to 2027. The applicant, EDMA Agencies, sought to have the proposed agreement ratified, while the Australian Manufacturing Workers' Union (AMWU) represented the interests of the employees.

The legal issues before the court encompassed the interpretation and compliance of the proposed agreement with the Fair Work Act 2009. Specifically, the court needed to ensure that the agreement adhered to the relevant provisions, including those concerning minimum wages, hours of work, leave entitlements, and other conditions of employment. The court also had to consider whether the agreement appropriately balanced the rights and obligations of both employers and employees, in line with the principles of fairness and good faith bargaining.

The Fair Work Commission meticulously examined the terms of the proposed agreement, taking into account submissions from both parties. The court found that the agreement met the necessary legal standards and was in the best interests of the employees. It was determined that the agreement provided for fair and reasonable terms that addressed the needs of both the employer and the workforce. Consequently, the court approved the EDMA Agencies Pty Ltd AMWU On-Site Construction Collective Agreement for NSW 2024-2027, thereby resolving the dispute in favour of the applicant. The final orders included the formal ratification of the agreement, effective from the specified period.

EDMA Agencies Pty Ltd T/A Wexford Welding

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established