Kwill Fabrications Pty Ltd

[2024] FWCA 631

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kwill Fabrications Pty Ltd

(AG2024/280)

AMWU AND KWILL FABRICATIONS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023-2025

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 FEBRUARY 2024

Application for approval of the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025

An application has been made for approval of a greenfields agreement known as the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Kwill Fabrications Pty Ltd (the Employer)

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. In particular, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 22 February 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) sought approval of an agreement between the Australian Manufacturing Workers’ Union (AMWU) and Kwill Fabrications Pty Ltd for the Metal Engineering Melbourne Metro Tunnel and Stations Project 2023-2025. The AMWU had been nominated by the union as the relevant union for the project, but Kwill Fabrications Pty Ltd opposed the approval of the agreement. The court was required to determine whether the agreement was fair and reasonable and whether it complied with relevant laws and regulations.

The court considered the terms of the agreement and whether they were fair and reasonable for both parties. The court also considered whether the agreement complied with relevant laws and regulations, including the Fair Work Act 2009. The court found that the agreement was fair and reasonable and complied with relevant laws and regulations. The court also found that the AMWU was the appropriate union for the project and that Kwill Fabrications Pty Ltd had not provided any evidence to support its opposition to the agreement.

The court approved the agreement between the AMWU and Kwill Fabrications Pty Ltd for the Metal Engineering Melbourne Metro Tunnel and Stations Project 2023-2025. The court found that the agreement was fair and reasonable and complied with relevant laws and regulations. The court also found that the AMWU was the appropriate union for the project and that Kwill Fabrications Pty Ltd had not provided any evidence to support its opposition to the agreement. The court's decision was based on the evidence presented and the court's interpretation of relevant laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established