DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fabmetal Specialists Pty Ltd
(AG2021/6189)

AMWU AND THE FABMETAL SPECIALISTS COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 2 AUGUST 2021

Application for approval of the AMWU and the Fabmetal Specialists Collective Bargaining Workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the AMWU and the Fabmetal Specialists Collective Bargaining Workshop Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Fabmetal Specialists Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 2 August 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2021. 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

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers’ Union (AMWU) to approve the Fabmetal Specialists Collective Bargaining Workshop Agreement 2020. Fabmetal Specialists Pty Ltd, the employer, contested the application. The central issue was whether the agreement met the requirements under the Fair Work Act 2009 for approval as a registered agreement.

The primary legal question was whether the agreement was a genuine enterprise agreement and whether it adhered to the provisions of the Fair Work Act. The Commission examined whether the agreement had been made in good faith, whether it covered the relevant employees, and if it included essential terms and conditions that were fair and reasonable. Additionally, the Commission assessed if the agreement was made independently, without any undue influence or coercion.

The Commission concluded that the agreement was a genuine enterprise agreement as it was made in good faith and independently. The AMWU had demonstrated that the agreement was negotiated fairly and that it covered the appropriate employees. The terms and conditions of the agreement were deemed fair and reasonable, and they met the requirements of the Act. Therefore, the Commission approved the agreement, recognising it as a registered agreement under the Fair Work Act.

In approving the agreement, the Commission ordered that the Fabmetal Specialists Collective Bargaining Workshop Agreement 2020 be registered and be in effect from the date of the decision. The agreement would govern the employment terms and conditions of the employees covered by the agreement, subject to the rights and obligations set out in the Fair Work Act.

Fabmetal Specialists 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