DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Strike Welding Pty Ltd
(AG2020/2933)

AMWU & LUCKY STRIKE WELDING PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 OCTOBER 2020

Application for approval of the AMWU & LUCKY STRIKE WELDING PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & LUCKY STRIKE WELDING PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement). The application was made by Lucky Strike Welding Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers Union are 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.

[3] Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with Australian Manufacturing Workers Union and that the Agreement covers these organisation(s).

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of the Metal Engineering On-Site Construction Agreement 2020-2023 between the AMWU and Lucky Strike Welding Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement was in the public interest and should be approved. The applicant argued that the agreement provided for fair and reasonable terms and conditions, while the respondent, Lucky Strike Welding, opposed the approval, raising concerns about the agreement's implications for its business operations.

The central legal issues before the court were whether the agreement met the statutory criteria for approval and whether it was in the public interest. The court examined the agreement's provisions and their implications for both the employees and the employer. It considered whether the agreement provided for fair and reasonable terms and conditions, as required by the Fair Work Act 2009. Additionally, the court assessed whether the agreement would promote harmonious, productive, and cooperative workplace relations and whether it would have a detrimental effect on the operations of the employer.

In reaching its decision, the court found that the agreement contained provisions that were fair and reasonable for the employees and did not unduly burden the employer's business operations. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations. Furthermore, the court concluded that the agreement was in the public interest as it provided for fair and reasonable terms and conditions and did not have a detrimental effect on the operations of the employer. Consequently, the court approved the agreement.

The court's final order was that the Metal Engineering On-Site Construction Agreement 2020-2023 between the AMWU and Lucky Strike Welding Pty Ltd be approved as meeting the criteria set out in section 234 of the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the approval.

Lucky Strike Welding 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