DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fabmetal Specialists Pty Ltd
(AG2021/6188)

AMWU & FABMETAL SPECIALISTS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 23 JULY 2021

Application for approval of the AMWU & Fabmetal Specialists Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Fabmetal Specialists Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 is approved and in accordance with s.54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) filed an application for the approval of the Metal & Engineering On-Site Construction Agreement 2020 - 2023 between the AMWU and Fabmetal Specialists Pty Ltd. The agreement sought to establish terms and conditions for employees in the metal and engineering sector involved in on-site construction work. The central dispute centred on whether the proposed agreement adequately met the requirements set out under the Fair Work Act 2009, particularly regarding fairness and the ability to foster good-faith bargaining.

The key legal issues the Commission needed to address were whether the proposed agreement complied with the criteria for approval under the Fair Work Act, specifically whether it promoted the objects of the Act, such as facilitating good-faith bargaining and enhancing workplace relations. The Commission also had to determine if the agreement contained appropriate mechanisms for dispute resolution and whether it provided adequate protections for employees.

The Commission found that the proposed agreement met the necessary criteria for approval. It was deemed to promote good-faith bargaining and provided for adequate dispute resolution mechanisms. The agreement included provisions that aligned with the objects of the Fair Work Act, such as terms that were not overly prescriptive and allowed for flexibility in the workplace. The Commission concluded that the agreement provided fair and reasonable terms for both employers and employees and would facilitate effective and constructive industrial relations. Based on these findings, the Commission approved the Metal & Engineering On-Site Construction Agreement 2020 - 2023.

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