DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredericks Fabrications Pty Ltd
(AG2018/6209)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 DECEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Fredericks Fabrications 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). It has been made by Fredericks Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

[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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredericks Fabrications Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU). The application was made under section 186 of the Fair Work Act 2009, as the parties had been unable to reach an agreement on their own. The dispute involved the terms and conditions of employment for the workers, as well as the process through which any future agreements should be negotiated.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any improper conduct. The Commission also needed to ensure that the agreement provided for a fair process for future bargaining and that it did not discriminate against any particular group of employees.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the legal requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it included appropriate processes for future bargaining. The Commission also found that the agreement did not contain any discriminatory provisions. As a result, the Commission approved the Fredericks Fabrications Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

Fredericks Fabrications 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