FE Welding Installations Pty Ltd Summary

[2022] FWCA 4070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

FE Welding Installations Pty Ltd

(AG2022/4542)

AMWU & FE WELDING INSTALLATIONS Geelong Area Agreement 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the AMWU & FE WELDING INSTALLATIONS Geelong Area Agreement 2020-2023

FE Welding Installations Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU & FE WELDING INSTALLATIONS Geelong Area Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided, 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 Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 21 November 2022 and, in accordance with s 54, will operate from 28 November 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

FE Welding Installations Pty Ltd, the applicant, sought approval of the AMWU & FE WELDING INSTALLATIONS Geelong Area Agreement 2020-2023 from the Fair Work Commission. The Australian Manufacturing Workers' Union (AMWU) and the employer had entered into an enterprise agreement covering various terms and conditions of employment for employees working in the Geelong area. The AMWU and the employer jointly applied for the agreement to be approved, and the Fair Work Commission held a hearing to determine whether the agreement met the criteria for approval.

The central legal issue before the Fair Work Commission was whether the Geelong Area Agreement satisfied the requirements of section 231 of the Fair Work Act 2009 (Cth). The Commission needed to consider if the agreement provided for the pay and conditions of employment of the employees covered by the agreement, and whether the agreement met the "better off overall test" in section 232 of the Act. The Commission also needed to consider if the agreement was made in good faith and whether it complied with any relevant national employment standards.

The Fair Work Commission found that the Geelong Area Agreement met all the criteria for approval. The Commission was satisfied that the agreement provided for the pay and conditions of employment of the employees covered by the agreement, and that it met the better off overall test. The Commission also found that the agreement was made in good faith and complied with all relevant national employment standards. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other terms and conditions of employment, and that these provisions were consistent with the national safety net. The Commission also found that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach an agreement. Based on these findings, the Fair Work Commission approved the Geelong Area Agreement.

The Fair Work Commission approved the AMWU & FE WELDING INSTALLATIONS Geelong Area Agreement 2020-2023. The Commission found that the agreement met all the criteria for approval, including the better off overall test, and that it was made in good faith and complied with all relevant national employment standards. The Geelong Area Agreement provides for the pay and conditions of employment of the employees covered by the agreement and includes provisions for minimum wages, leave entitlements, and other terms and conditions of employment. The Commission's approval of the agreement ensures that the employees covered by the agreement are entitled to the benefits and protections provided by the agreement.

FE Welding Installations Pty Ltd

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