DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Engineering & Maintenance Solutions Pty Ltd
(AG2015/4683)

ENGINEERING & MAINTENANCE SOLUTIONS PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2015

Application for approval of the ENGINEERING & MAINTENANCE SOLUTIONS PTY LTD Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the ENGINEERING & MAINTENANCE SOLUTIONS PTY LTD Metals Labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Engineering & Maintenance Solutions Pty Ltd. 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 “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.

[4] The Agreement was approved on 24 August 2015 and, in accordance with s.54, will operate from 31 August 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Engineering & Maintenance Solutions Pty Ltd (EMS), sought approval for a new enterprise agreement with the employees covered by the Metals Labour Hire Agreement 2013-2016. The employees were represented by the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative requirements.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including the provision of procedural fairness, and whether the agreement was in the best interests of the employees. A significant issue was whether the agreement appropriately addressed the rights and obligations of both parties and provided for a fair and equitable resolution of employment matters.

The Commission found that the agreement was fair and reasonable, considering the nature of the industry, the bargaining positions of the parties, and the economic context. The Commission also found that procedural fairness had been observed in the negotiation process. The agreement was deemed to be in the best interests of the employees, as it provided for fair terms of employment, including wages, conditions, and dispute resolution mechanisms. The Commission approved the agreement, emphasising the importance of good faith bargaining and the need for the agreement to reflect a balanced outcome for both parties.

The final orders of the Commission included the approval of the Metals Labour Hire Agreement 2013-2016 between EMS and the AMWU. The agreement was to commence on the first day of the third calendar month after the registration of the decision and would remain in force until the first day of the third calendar month after the agreement's expiry date. The Commission also directed that the agreement be registered with the Fair Work Commission.

Engineering & Maintenance Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established