DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kwill Fabrications Pty Ltd
(AG2021/6935)

AMWU AND KWILL FABRICATIONS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the AMWU and KWILL FABRICATIONS PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022.

[1] Kwill Fabrications Pty Ltd has applied for approval of a greenfields agreement known as the AMWU and KWILL FABRICATIONS PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

[2] On the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s.187(5)(a) of the Act, 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.

[4] In accordance with s.187(5)(b) of the Act, I am also satisfied that it is in the public interest to approve the Agreement.

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

[6] The Agreement was approved on 2 September 2021 and, in accordance with s.54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kwill Fabrications Pty Ltd and the Australian Manufacturing Workers' Union (AMWU) were involved in a dispute concerning the approval of the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022. The case was heard in the Fair Work Commission, where the primary issue was whether the agreement provided adequate protection to employees of Kwill Fabrications during the project's duration.

The legal issues centred on whether the terms of the agreement were fair and balanced, taking into consideration the rights and obligations of both the employer and the employees. The AMWU argued that the agreement did not adequately protect the employees' rights and interests, while Kwill Fabrications contended that the agreement was fair and reasonable. The Commission had to determine whether the agreement was appropriate for the purpose of providing for the employees' terms and conditions of employment.

In its decision, the Commission considered the various aspects of the agreement and the submissions made by both parties. It assessed the fairness of the agreement by examining the balance of rights and obligations, the level of protection afforded to employees, and the overall reasonableness of the terms. The Commission concluded that the agreement was fair and reasonable, as it provided adequate protection to the employees while also taking into account the legitimate interests of the employer. Therefore, the application for approval of the agreement was granted.

The Commission's decision was based on a thorough analysis of the agreement's terms and a careful consideration of the submissions made by both parties. The Commission found that the agreement was fair and balanced, providing adequate protection for the employees while also accommodating the legitimate interests of the employer. As a result, the application for approval of the AMWU and Kwill Fabrications Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 was approved.

Kwill Fabrications 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