Fabmetal Specialists Pty Ltd

[2023] FWCA 2728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fabmetal Specialists Pty Ltd

(AG2023/2805)

AMWU AND FABMETAL SPECIALISTS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023 - 2025

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 25 AUGUST 2023

Application for approval of the AMWU and Fabmetal Specialists Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025

An application has been made for approval of an enterprise agreement known as the AMWU and Fabmetal Specialists Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023 - 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). It has been made by Fabmetal Specialists Pty Ltd.

The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 1 September 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application by the Australian Manufacturing Workers' Union (AMWU) and Fabmetal Specialists Pty Ltd for the approval of their enterprise agreement, specifically the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025. The application was made under the Fair Work Act 2009, seeking the court's endorsement of the agreement, which would then become a registered instrument. The primary legal issues that the court needed to address were whether the agreement met all the requirements under the Act and if it was fair and reasonable in terms of its provisions and implications for the employees involved.

The court examined the agreement in detail, considering various aspects including the negotiation process, the content of the agreement, and its compliance with the provisions of the Fair Work Act. The court also took into account submissions from both parties and any relevant statutory provisions. In its analysis, the court paid particular attention to whether the agreement provided a fair and equitable balance of rights and obligations for the employees, and whether it adhered to the procedural fairness required by the Act. The court further assessed whether the agreement contained all the mandatory terms and conditions as stipulated by the legislation.

Upon thorough examination, the court determined that the agreement was compliant with all the statutory requirements and was fair and reasonable. The court was satisfied that the negotiation process was conducted in good faith and that the agreement contained all necessary terms and conditions. The court also found that the agreement provided a fair and equitable balance of rights and obligations for the employees. Consequently, the court approved the agreement, and it was registered as a certified agreement under the Fair Work Act. The court's decision was based on a comprehensive analysis of the agreement and its alignment with the legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established