DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredericks Fabrications
(AG2014/10275)

FREDERICKS FABRICATIONS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 30 JANUARY 2015

Application for approval of the FREDERICKS FABRICATIONS and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FREDERICKS FABRICATIONS and AMWU Metal Engineering On-Site Construction Agreement 2014 (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. The Agreement is a single enterprise agreement.

[1] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[2] As noted, pursuant to s.190(3), I have accepted undertakings from Fredericks Fabrications. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 6 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Fredericks Fabrications, an employer in the metal fabrication industry, applied to the Fair Work Commission for approval of the FREDERICKS FABRICATIONS and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Manufacturing Workers' Union, acting on behalf of the employees, did not object to the application. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 for a modern award, particularly regarding its coverage, fairness, and compliance with procedural fairness. The Commission needed to determine if the agreement was genuinely negotiated, fair, and met the legislative criteria for modern awards.

The primary legal issue was whether the agreement complied with the statutory requirements for modern awards under the Fair Work Act 2009. This included assessing if the agreement genuinely resulted from good faith bargaining between the parties and if it provided fair terms and conditions for employees. Additionally, the Commission had to consider whether the agreement was within the scope of the relevant industry and met procedural fairness standards. The Commission also examined if the agreement was reasonably expected to achieve the purpose of the award, which includes providing a safety net of minimum wages and conditions.

After reviewing the evidence and submissions, the Fair Work Commission found that the FREDERICKS FABRICATIONS and AMWU Metal Engineering On-Site Construction Agreement 2014 met all the necessary criteria for a modern award. The Commission was satisfied that the agreement was genuinely negotiated in good faith and provided fair terms and conditions. The agreement was deemed to be within the scope of the relevant industry and was procedurally fair. Furthermore, the Commission concluded that the agreement was reasonably expected to achieve the purpose of the award. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the FREDERICKS FABRICATIONS and AMWU Metal Engineering On-Site Construction Agreement 2014, effective from 1 July 2014. The agreement now serves as a modern award for employees within the metal fabrication industry, providing a framework for wages, conditions, and dispute resolution mechanisms.

Fredericks Fabrications

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established