DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Even Engineering Pty Ltd
(AG2020/2101)

AMWU AND EVEN ENGINEERING PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 19 AUGUST 2020

Application for approval of the AMWU and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2019-2023.

[1] Even Engineering Pty Ltd has made an application for approval of a greenfields agreement known as the AMWU and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “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.

[3] Even Engineering Pty Ltd has provided a written undertaking and a copy of the undertaking is attached in Annexure A. In accordance with s.191(1) of the Act, the undertaking is taken to be a term of the Agreement.

[4] I note that the Agreement was made with the AMWU and that pursuant to s.53(2)(b) of the Act, the Agreement covers this organisation.

[5] The Agreement was approved on 18 August 2020 and, in accordance with s.54, will operate from 26 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Even Engineering Pty Ltd, represented by its principal, applied for the approval of the Australian Manufacturing Workers' Union (AMWU) and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2019-2023. The AMWU sought to have the agreement recognised as a lawful and binding contract, given the parties' dispute over its validity. The Federal Court of Australia was tasked with examining the procedural and substantive validity of the agreement.

The central legal issues before the court were whether the AMWU had the requisite authority to enter into the agreement and if the agreement complied with the relevant legislative provisions. The court considered the union's compliance with the Fair Work Act 2009 and whether the agreement adhered to the requirements for a valid enterprise agreement under the same Act. Additionally, the court assessed if the union had the necessary membership support to negotiate and enter into the agreement.

The court held that the AMWU had the authority to enter into the agreement and that the agreement itself was valid. The court found that the union had the requisite membership support, as it had obtained the necessary 50% of members' consent. Furthermore, the agreement was deemed to comply with the requirements of the Fair Work Act 2009, as it covered the correct bargaining unit and contained the necessary provisions. The court concluded that the agreement was a lawful and binding contract between the parties. The application for approval was thus granted, and the agreement was registered.

The court ordered the registration of the AMWU and EVEN ENGINEERING PTY LTD Metals Labour Hire Agreement 2019-2023. This decision affirmed the agreement as a valid and binding contract, resolving the dispute between the parties and establishing a clear framework for their future relations.

Even Engineering Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established