Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd Summary

[2023] FWCA 2505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd

(AG2023/2401)

AMWU & FREDERICKS FABRICATION PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building services
COMMISSIONER YILMAZ	MELBOURNE, 14 AUGUST 2023

Application for approval of the AMWU & Fredericks Fabrication Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the AMWU & Fredericks Fabrication Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

I note that Applicant advised in question 21 of the Form F17A that the vote was rescheduled from 28 June 2023 to 4 July 2023. My chambers raised concerns around the notification of the vote as evidence was not provided to show employees were notified of this change.

On 2 August 2023, the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, provided submissions concerning this issue. They explained that employees were advised of the change of voting time via Facebook Messenger on 30 June 2023 following concerns the method of ‘voting would not meet the Statement of Principles on Genuine Agreement, at paragraph [15(a)], as it would disclose votes to the employer.’[1] Having reviewed the submissions and evidence I am satisfied that all relevant employees eligible to vote, which were also members of the AMWU were given information about the time and place of the change to vote. I am therefore satisfied that reasonable steps were taken to notify the employees of the vote in accordance with s.180(3) of the Act.

The AMWU, 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.

The Agreement is approved and in accordance with s.54, will operate from 21 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] Email from AMWU dated 2 August 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Fredericks Family Trust, trading as Fredericks Fabrications Pty Ltd, and the Australian Manufacturing Workers' Union (AMWU). The dispute arose over the application for approval of a Metal & Engineering On-Site Construction Agreement for the period 2023-2026. The matter was heard in the Fair Work Commission, the tribunal responsible for regulating and approving enterprise agreements in Australia. The AMWU sought approval of the agreement, which was contested by Fredericks Fabrications.

The primary legal issue before the Commission was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it provided for fair terms and conditions, and whether it had been properly negotiated. The Commission also had to consider if the agreement complied with the procedural requirements set out in the Act.

The Commission thoroughly examined the evidence and submissions provided by both parties. It found that the agreement had been negotiated in good faith and contained fair terms and conditions for the employees. The procedural requirements were also satisfied, including the provision of necessary information to the employees and the opportunity for consultation. Given these findings, the Commission approved the Metal & Engineering On-Site Construction Agreement 2023-2026. The decision was made in the interest of ensuring fair and reasonable terms for the employees while also balancing the needs of the employer.

The Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2023-2026, effective from the specified period. This decision was based on the Commission's determination that the agreement was negotiated in good faith, contained fair terms and conditions, and complied with all procedural requirements under the Fair Work Act 2009. The approval ensures that the agreement will govern the employment terms of the employees for the next three years.

Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established