DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Integral Quality Management P/L
(AG2017/4523)

INTEGRAL QUALITY MANAGEMENT PTY LTD (IQMAN) AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 OCTOBER 2017

Application for approval of the INTEGRAL QUALITY MANAGEMENT PTY LTD (IQMAN) and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the INTEGRAL QUALITY MANAGEMENT PTY LTD (IQMAN) and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integral Quality Management P/L. 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 3 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers’ Union (AMWU) for approval of a workplace agreement between the union and Integral Quality Management P/L (IQMAN). The agreement, titled the AMWU Metal Engineering On-Site Construction Agreement 2017-2020, was to govern the terms and conditions of employment for certain employees of IQMAN. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed agreement contained provisions that were contrary to the objects of the Fair Work Act, specifically whether it included terms that were less favourable than the applicable award or registered agreement. This included scrutiny of provisions regarding pay rates, penalty rates, and other employment conditions. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether the requisite procedural requirements had been satisfied, including whether the union had followed the correct process for seeking approval of the agreement.

After examining the agreement and considering submissions from both parties, the Commission concluded that the agreement did not contain any provisions that were contrary to the objects of the Fair Work Act. The Commission found that the agreement provided for terms and conditions that were not less favourable than the applicable award, and that the union had followed the correct process in seeking approval. The Commission also determined that the agreement was made in good faith and that all procedural requirements had been met. As a result, the Commission approved the agreement, thereby allowing it to become a registered agreement and govern the employment conditions of the relevant employees.

The final orders of the Commission included the approval of the AMWU Metal Engineering On-Site Construction Agreement 2017-2020, effective from the date of the decision, and the registration of the agreement as a registered agreement under the Fair Work Act. This decision provided clarity and certainty for both the union and the employer regarding the terms and conditions of employment for the affected employees.

Integral Quality Management P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established