DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Strike Welding Pty Ltd
(AG2020/2486)

AMWU AND LUCKY STRIKE WELDING PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 – 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 SEPTEMBER 2020

Application for approval of the AMWU AND LUCKY STRIKE WELDING PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the AMWU AND LUCKY STRIKE WELDING PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (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 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 “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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

[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 15 September 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) and Lucky Strike Welding Pty Ltd sought approval of an enterprise agreement. The AMWU, representing employees of Lucky Strike Welding, submitted the proposed agreement for consideration. The dispute centred on the terms and conditions outlined in the proposed agreement and whether it complied with the relevant industrial laws.

The legal issues before the Commission involved the assessment of the proposed agreement against the criteria set out in the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for "better off overall" and "no disadvantage" tests, ensuring fairness to both employers and employees. Additionally, the Commission examined whether the agreement provided for a genuine enterprise agreement and adhered to the relevant industrial laws.

The Commission found that the proposed agreement was fair and met the statutory criteria. The agreement provided for a fair and reasonable set of terms and conditions that were better off overall for the employees, without causing any undue disadvantage to the employer. The Commission concluded that the agreement was genuine and complied with the relevant industrial laws, thus granting approval.

The Fair Work Commission approved the AMWU and Lucky Strike Welding Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022. The Commission ordered the agreement to be registered and enforceable under the Fair Work Act 2009.

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