DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Strike Welding Pty Ltd
(AG2020/2591)

AMWU AND LUCKY STRIKE WELDING PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 17 SEPTEMBER 2020

Application for approval of the AMWU and LUCKY STRIKE WELDING PTY LTD Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and LUCKY STRIKE WELDING PTY LTD Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made by Lucky Strike Welding Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 “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.

[3] I observe that certain provisions of the Agreement are likely to be inconsistent with the
National Employment Standards (NES). However, noting clause 6.7 of the Agreement, I am
satisfied the more beneficial entitlements of the NES will prevail where there is an
inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lucky Strike Welding Pty Ltd sought approval for a labour hire agreement with the Australian Manufacturing Workers' Union (AMWU). The dispute arose due to the terms and conditions outlined in the proposed agreement, which the union intended to apply to its members working for Lucky Strike. The Fair Work Commission heard the application. The primary legal issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided fair and reasonable terms and conditions, and whether it complied with the requirements for approval set out in the Act.

The Commission examined the agreement's provisions on wages, hours of work, leave, and other employment terms. The court considered the overall fairness of the agreement, taking into account the economic and social context, and the bargaining power of the parties. The Commission also evaluated whether the agreement provided adequate protection for workers and balanced the interests of employers and employees. Ultimately, the Commission found that the agreement met the necessary criteria for approval, as it provided fair and reasonable terms and conditions for the workers, and was in line with the requirements of the Fair Work Act.

As a result, the Commission approved the Metals Labour Hire Agreement 2019-2023 between the AMWU and Lucky Strike Welding Pty Ltd. The decision confirmed that the agreement was suitable for the workers involved and would provide them with fair and reasonable terms of employment. The approval of the agreement allows the AMWU to apply the terms and conditions outlined in the agreement to its members working for Lucky Strike.

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