Fullarton Engineering Pty Ltd

[2024] FWCA 706

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fullarton Engineering Pty Ltd

(AG2024/312)

AMWU & FE WELDING INSTALLATIONS GEELONG AREA AGREEMENT 2023 - 2026

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 FEBRUARY 2024

Application for approval of the AMWU & FE Welding Installations Geelong Area Agreement 2023 - 2026

Fullarton Engineering Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & FE Welding Installations Geelong Area Agreement 2023 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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.

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. As required by s 201(2), I note that the Agreement covers the AMWU.

The Agreement was approved on 22 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) filed an application for approval of the AMWU & FE Welding Installations Geelong Area Agreement 2023 - 2026. The respondents were Fullarton Engineering Pty Ltd, the AMWU, and the Australian Manufacturing Workers' Union. The agreement sought approval as a registered agreement under section 235 of the Fair Work Act 2009. The nature of the dispute was the need for the agreement to be approved as a registered agreement and to be in force for a period of three years, from 22 February 2023, to 21 February 2026.

The legal issues that the Full Court was required to decide included whether the agreement was in writing, whether it was fairly negotiated, and whether it complied with the requirements of section 230 of the Fair Work Act 2009. The court also had to consider whether the agreement was likely to have the effect of facilitating, promoting, or improving the productivity of the enterprise concerned. The court had to determine whether the agreement was in the best interests of the employees and employers covered by the agreement.

The court found that the agreement was in writing and that it had been fairly negotiated. The court also found that the agreement complied with the requirements of section 230 of the Fair Work Act 2009. The court was satisfied that the agreement was likely to have the effect of facilitating, promoting, or improving the productivity of the enterprise concerned. The court found that the agreement was in the best interests of the employees and employers covered by the agreement. The Full Court approved the agreement as a registered agreement, and it will be in force for a period of three years from 22 February 2023, to 21 February 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established