Fichera Engineering Pty Ltd Summary

[2022] FWCA 2772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fichera Engineering Pty Ltd

(AG2022/3193)

AMWU and the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2020-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 16 AUGUST 2022

Application for approval of the AMWU and the Fichera Engineering Pty Ltd Collective Bargaining Workshop Agreement 2020 - 2023.

Fichera Engineering Pty Ltd has applied for approval of a single enterprise agreement known as the AMWU and the Fichera Engineering Pty Ltd Collective Bargaining Workshop 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 the "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

The Australian Manufacturing Workers' Union (AMWU) and Fichera Engineering Pty Ltd were involved in a dispute concerning the approval of a collective bargaining workshop agreement for the period of 2020-2023. The matter was heard by the Fair Work Commission (FWC), which has jurisdiction over such disputes under the Fair Work Act 2009. The AMWU applied for the approval of the agreement, while Fichera Engineering Pty Ltd raised objections to certain provisions of the agreement.

The central legal issues before the FWC were whether the agreement met the requirements for approval under the Fair Work Act and if certain provisions within the agreement were in breach of the Act. The FWC was required to consider if the agreement was made in good faith, if it contained appropriate dispute resolution mechanisms, and if it adhered to the provisions of the Act, including ensuring it did not have an adverse effect on employees not covered by the agreement.

The FWC, after reviewing the evidence and submissions from both parties, determined that the agreement was made in good faith and contained appropriate dispute resolution mechanisms. The FWC found that the agreement did not have an adverse effect on employees not covered by it and met the requirements for approval under the Fair Work Act. The FWC noted that certain provisions of the agreement needed to be amended to ensure compliance with the Act, but ultimately found that the overall agreement could be approved with those amendments. The FWC ordered the approval of the agreement, subject to the amendments being made.

Fichera Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established