DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lamver Engineering Pty Ltd
(AG2015/1910)

AMWU AND THE LAMVER ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 MARCH 2015

Application for approval of the AMWU and the Lamver Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Lamver Engineering Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Lamver Engineering Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 9 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lamver Engineering Pty Ltd was the subject of an application to the Fair Work Commission, seeking approval of a collective bargaining workshop agreement between the Australian Manufacturing Workers' Union (AMWU) and Lamver Engineering Pty Ltd. The application aimed to confirm the agreement as a certified agreement under the Fair Work Act 2009. The AMWU sought to have the agreement registered as a certified agreement, which would allow it to be enforced as a binding contract between the parties involved.

The central legal issue before the Commission was whether the proposed collective agreement met the statutory criteria for registration as a certified agreement. This required the Commission to assess whether the agreement contained the necessary terms, was made in good faith, and was free from any unlawful content. Additionally, the Commission needed to ensure that the agreement had been appropriately negotiated and that it complied with the requirements of the Fair Work Act.

In evaluating the application, the Commission considered the negotiation process and the content of the proposed agreement. It was found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission confirmed that the agreement met all statutory requirements, including the absence of any unlawful content and compliance with the procedural aspects of the Act. Consequently, the Commission approved the proposed agreement, recognising it as a certified agreement that could be enforced between the AMWU and Lamver Engineering Pty Ltd.

The final orders of the Commission included the approval of the collective bargaining workshop agreement, confirming it as a certified agreement under the Fair Work Act. This decision allows the agreement to be legally binding and enforceable between the AMWU and Lamver Engineering Pty Ltd, providing a framework for their future industrial relations.

Lamver Engineering 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