DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Handrail Specialists Pty Ltd
(AG2015/612)

HANDRAIL SPECIALISTS PTY L TD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 2 APRIL 2015

Application for approval of the HANDRAIL SPECIALISTS PTY L TD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HANDRAIL SPECIALISTS PTY L TD 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 Handrail Specialists Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[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 9 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Handrail Specialists Pty Ltd, which applied for approval of the AMWU Metal Engineering On-Site Construction Agreement 2014. The applicant sought the Fair Work Commission's approval of the agreement, as it was not covered by an existing modern award. The applicant argued that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment for the workers covered by the agreement.

The legal issues before the Commission included whether the agreement provided for appropriate terms and conditions of employment, including minimum rates of pay, allowances, and other entitlements, and whether it complied with the Fair Work Act 2009. The Commission considered whether the agreement met the requirements for approval under the Act, including whether it provided for the minimum terms and conditions set out in the National Employment Standards and whether it was procedurally fair.

The Commission found that the agreement provided for appropriate terms and conditions of employment, including minimum rates of pay, allowances, and other entitlements. The Commission also found that the agreement complied with the Fair Work Act 2009 and met the requirements for approval. The Commission noted that the agreement provided for procedural fairness, including the right of employees to be represented by a union or other representative during any consultation or negotiation process. The Commission approved the agreement, and it became a registered agreement under the Fair Work Act 2009.

The Commission's decision provides guidance on the requirements for approval of an enterprise agreement, including the need for procedural fairness and appropriate terms and conditions of employment. The decision also highlights the importance of consultation and negotiation in the development of an agreement that is fair and reasonable for both employers and employees.

Handrail Specialists Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established