Fichera Engineering Pty Ltd

[2022] FWCA 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fichera Engineering Pty Ltd

(AG2022/3194)

AMWU & FICHERA ENGINEERING PTY LTD Metal & Engineering On-Site Construction Agreement 2020-2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 16 AUGUST 2022

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

Fichera Engineering Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU & Fichera Engineering Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement).

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.

The Agreement is approved and will operate from 23 August 2022. The nominal expiry date of the Agreement is 30 June 2023.

The Agreement covers "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fichera Engineering Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers' Union. The dispute arose from the terms of the proposed agreement, which aimed to regulate employment conditions for workers in the metal and engineering sectors within on-site construction environments. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically regarding the process through which it was made and its content. The Commission needed to determine if the agreement was fairly and genuinely made, not through coercion, pressure, or any other improper means, and if it adhered to the provisions of the Act. Additionally, the Commission had to ensure that the agreement did not unfairly discriminate against any class of employee and provided a fair mechanism for resolving disputes.

The Commission examined the evidence and submissions from both parties, focusing on the bargaining process and the contents of the agreement. The Commission found that the agreement was genuinely made without any improper influence or pressure and that it contained provisions that were fair and reasonable. The Commission also noted that the agreement included appropriate dispute resolution mechanisms and did not unfairly discriminate against any group of employees. Based on these findings, the Commission approved the agreement, recognising its compliance with the legal requirements.

The Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2020-2023, effective from the date of the decision. This approval means that the agreement can now be implemented, governing the employment conditions of workers in the specified sectors and locations as outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established