Fabmetal Specialists Summary

[2018] FWCA 4738

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fabmetal Specialists

(AG2018/2293)

AMWU and the Fabmetal Specialists Collective Bargaining Workshop Agreement 2017

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 13 AUGUST 2018

Application for approval of the AMWU and the FABMETAL SPECIALISTS Collective Bargaining Workshop Agreement 2017.

An application has been made for approval of an enterprise agreement known as the AMWU and the FABMETAL SPECIALISTS Collective Bargaining Workshop Agreement 2017 (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. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 20 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were the Australian Manufacturing Workers' Union (AMWU) and Fabmetal Specialists. The nature of the dispute centred on the application for approval of the AMWU and the Fabmetal Specialists Collective Bargaining Workshop Agreement 2017. The case was heard by the Fair Work Commission of Australia (FWC). The AMWU applied for the approval of the agreement, which was intended to govern the employment conditions of employees working in the metal industry under Fabmetal Specialists.

The legal issues before the FWC were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009. Specifically, the FWC had to consider if the agreement complied with the provisions regarding good faith bargaining, and if it provided for the fair and equitable treatment of employees. The FWC also needed to assess if the agreement was in the best interests of the employees it covered.

The FWC found that the agreement substantially complied with the statutory requirements for approval. The FWC considered that the agreement was the product of good faith bargaining between the parties, and that it provided for the fair and equitable treatment of employees. The FWC noted that the agreement included provisions for minimum wages, hours of work, and other terms and conditions of employment. The FWC was satisfied that the agreement was in the best interests of the employees it covered, and approved the agreement. The FWC did, however, make some minor amendments to the agreement to address certain technical issues.

The FWC approved the AMWU and the Fabmetal Specialists Collective Bargaining Workshop Agreement 2017 with minor amendments. The FWC found that the agreement met the statutory requirements for approval and was in the best interests of the employees it covered. The approval of the agreement will provide certainty and stability for employees and employers in the metal industry under Fabmetal Specialists.

Fabmetal Specialists

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established