DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fullarton Engineering Pty Ltd
(AG2014/10896)

FULLARTON ENGINEERING 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 FULLARTON ENGINEERING and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FULLARTON ENGINEERING 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 Fullarton Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Fullarton Engineering Pty Ltd. 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.

[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 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

The matter before the Fair Work Commission involved an application by Fullarton Engineering Pty Ltd for the approval of the Fullarton Engineering and Australian Manufacturing Workers' Union Metal Engineering On-Site Construction Agreement 2014. The dispute arose from the union's request for a review of the agreement under section 235 of the Fair Work Act 2009, which allows for the approval of enterprise agreements by the Fair Work Commission.

The legal issues before the Commission centred on whether the proposed agreement was in the public interest and whether it complied with the provisions of the Fair Work Act, particularly in relation to its fairness and the protection of employee rights. The Commission had to consider the balance between the rights of employers to negotiate with employees and the need to ensure that employees are not disadvantaged by the terms of the agreement.

The Commission found that the proposed agreement was fair and met the requirements of the Fair Work Act. It concluded that the agreement appropriately balanced the interests of both employers and employees, ensuring that employees were not disadvantaged in any significant way. The Commission approved the agreement, recognising the importance of allowing parties to negotiate terms that are mutually beneficial while still protecting the fundamental rights of employees.

The Commission's decision was grounded in its assessment that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. The Commission determined that the agreement was in the public interest and would promote harmonious workplace relations. The Commission approved the Fullarton Engineering and AMWU Metal Engineering On-Site Construction Agreement 2014, allowing it to take effect as a registered agreement.

Fullarton Engineering Pty Ltd

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