Independent Maintenance Services

[2014] FWCA 3446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Maintenance Services
(AG2014/1080)

INDEPENDENT MAINTENANCE SERVICES (ORIGIN ENERGY LANG LANG) AMWU MECHANICAL MAINTENANCE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 MAY 2014

Application for approval of the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Independent Maintenance Services. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to this undertaking, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have 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 and the AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 30 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Independent Maintenance Services sought approval of a proposed agreement with the Australian Manufacturing Workers' Union (AMWU) under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to determine whether the agreement complied with the requirements of the Act and the Fair Work (Registered Organisations) Regulations 2011. The legal issues included whether the agreement provided for the proper management and administration of the workplace, whether it adequately protected employees' rights, and whether it was in accordance with the regulations and the Act.

The Commission found that the agreement was in substantial compliance with the Act and regulations. The agreement provided for the management and administration of the workplace in a manner that was appropriate and efficient. It also adequately protected employees' rights, including provisions for dispute resolution and the right to request flexible working arrangements. The Commission was satisfied that the agreement was not likely to have a detrimental effect on the economy or industrial relations and that it was in the interests of the employees. Consequently, the Commission approved the agreement.

The final orders of the Commission included the approval of the Independent Maintenance Services (Origin Energy Lang Lang) AMWU Mechanical Maintenance Agreement 2012-2015. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The decision also included a requirement for the parties to notify the Commission of any changes to the agreement within 30 days of the change being made. The decision was binding on all parties to the agreement and could not be challenged in any court or tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established