Engineering Alliance Pty Ltd

[2024] FWCA 1805

[2024] FWCA 1805

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Engineering Alliance Pty Ltd

(AG2024/1550)

AMWU & ENGINEERING ALLIANCE PTY LTD LIFT-INDUSTRY MECHANICAL CONSTRUCTION INSTALLATIONS SERVICE/REPAIRS & MAINTENANCE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 MAY 2024

Application for approval of the AMWU & Engineering Alliance Pty Ltd Lift-Industry Mechanical Construction Installations Service/Repairs & Maintenance Enterprise Agreement

1. An application has been made for approval of a greenfields agreement known as the AMWU & Engineering Alliance Pty Ltd Lift-Industry Mechanical Construction Installations Service/Repairs & Maintenance Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Engineering Alliance Pty Ltd.

1. An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES).  In particular, the term relating to:

a)Clause 38: Abandonment of employment.

1. Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

1. Noting the NES precedence clause (clause 18), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

1. 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. 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.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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