Fullarton Engineering Pty Ltd T/A F E Welding Installations

[2024] FWCA 2093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fullarton Engineering Pty Ltd T/A F E Welding Installations

(AG2024/1684)

AMWU & FE WELDING INSTALLATIONS METAL AND ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 6 JUNE 2024

Application for approval of the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026

Fullarton Engineering Pty Ltd T/A F E Welding Installations has applied for approval of an enterprise agreement known as the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that Clause 41 is inconsistent with the National Employment Standards as the rate of personal leave accrual under the Agreement may be more restrictive than what is provided by s 96(2) of the Act, which states an employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the employee’s ordinary hours of work. Given the National Employment Standards precedence clause at Clause 7.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 June 2024.

In accordance with Clause 6.2, the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Australian Manufacturing Workers' Union (AMWU) and Fullarton Engineering Pty Ltd T/A F E Welding Installations to have their proposed industrial agreement approved. The dispute was heard in the Fair Work Commission, an Australian federal workplace relations tribunal. The AMWU and Fullarton Engineering sought approval for the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026, which aimed to establish the terms and conditions of employment for workers within the metal and engineering on-site construction industry.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it facilitated a productive workplace relationship between employers and employees. The Commission also considered whether the agreement was consistent with the Fair Work Act's objectives of ensuring a fair and efficient workplace relations system.

In its decision, the Commission examined the proposed agreement's provisions and assessed whether they aligned with the relevant legal standards. The Commission found that the agreement contained terms and conditions that were fair and reasonable, taking into account the needs and interests of both employers and employees. The agreement also promoted a productive workplace relationship by providing clear and accessible terms for employees and employers to follow. Consequently, the Commission approved the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026, finding that it met the necessary criteria under the Fair Work Act.

The Commission's decision resulted in the approval of the AMWU & FE Welding Installations Metal and Engineering On-Site Construction Agreement 2023 - 2026. The agreement, which sets out the terms and conditions of employment for workers in the metal and engineering on-site construction industry, will now be in effect from the date of approval. This decision ensures that the agreement's provisions are legally binding and enforceable, promoting fair and reasonable workplace relations in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established