FE Welding Installations Pty Ltd

[2022] FWCA 3907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FE Welding Installations Pty Ltd

(AG2022/4543)

AMWU & FE WELDING INSTALLATIONS Metal & Engineering On-Site Construction Agreement 2020 -2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the AMWU & FE WELDING INSTALLATIONS Metal & Engineering On-Site Construction Agreement 2020 -2023

FE Welding Installations Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU & FE WELDING INSTALLATIONS Metal & Engineering On-Site Construction Agreement 2020 -2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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 have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that 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.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement was approved on 7 November 2022 and, in accordance with s 54, will operate from 14 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FE Welding Installations Pty Ltd recently appeared before the Fair Work Commission in an application for approval of a registered agreement. The Australian Manufacturing Workers' Union (AMWU) and FE Welding Installations had entered into an agreement governing employment terms and conditions for a three-year period. The primary dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application required scrutiny to ensure the agreement complied with relevant provisions, particularly those related to the process for approving enterprise agreements.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained all the mandatory terms and conditions as required by the Act. The AMWU argued that the agreement was valid and should be approved, while FE Welding Installations supported the application, asserting compliance with all legal requirements.

The Fair Work Commission evaluated the evidence and submissions from both parties, examining the procedural integrity of the agreement-making process. The Commission found that the agreement was genuinely an enterprise agreement and that it was made in good faith. It also determined that the agreement met all procedural requirements and contained the necessary mandatory terms. As a result, the Commission approved the agreement, finding it to be compliant with the statutory framework. This decision ensures that the terms and conditions of employment for the specified period are legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established