DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fichera Engineering Pty Ltd
(AG2019/1968)

FICHERA ENGINEERING PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of a single enterprise agreement known as the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fichera Engineering Pty Ltd.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) for the approval of the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020. The dispute arose in the context of an industrial relations matter, with the Fair Work Commission (FWC) being the body responsible for approving the agreement under the Fair Work Act 2009. The primary issue before the FWC was whether the agreement met the criteria for approval as a registered agreement under the Act. This involved assessing whether the agreement contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for registration.

The FWC examined the agreement's provisions concerning wages, hours of work, and other employment conditions. The Commission also considered the process through which the agreement was negotiated and whether the necessary parties had been involved. The FWC needed to determine if the agreement provided for a fair and efficient workplace while ensuring that it did not undermine the rights and protections provided by the Fair Work Act. The AMWU argued that the agreement was fair and balanced, while Fichera Engineering Pty Ltd contended that certain provisions were overly restrictive and would impede their ability to operate efficiently.

In its decision, the FWC found that the agreement met the statutory requirements for approval. The Commission concluded that the agreement contained all the necessary minimum terms and conditions and was negotiated in accordance with the procedural requirements of the Act. The FWC highlighted that the agreement provided for a fair and efficient workplace, and did not undermine the rights and protections of employees. The Commission approved the agreement, noting that it struck an appropriate balance between the rights of employers and employees. The FWC's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties.

The FWC ordered the registration of the Fichera Engineering Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020, effective from the date of the decision. The agreement was to apply to all employees of Fichera Engineering Pty Ltd who were covered by the agreement, and it was to remain in force until the end of the specified period. The decision provided clarity for both parties regarding the terms of their employment relationship and ensured that the agreement would be recognised and enforceable under the Fair Work Act.

Fichera Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established