DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lucky Strike Welding Pty Ltd
(AG2019/2749)

LUCKY STRIKE WELDING AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 19 AUGUST 2019

Application for approval of the Lucky Strike Welding and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020

[1] Lucky Strike Welding Pty Ltd has made an application for approval of a greenfields agreement known as the Lucky Strike Welding and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (the Agreement) 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] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Lucky Strike Welding Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). They were seeking the approval of the Lucky Strike Welding and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020. The court was required to determine whether the agreement was in the best interests of the employees covered by it, and whether it complied with the relevant legislative framework. The primary concern was whether the agreement provided adequate protections for employees, including terms for wages, hours of work, and other employment conditions.

The central legal issues that the court had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to consider whether the agreement contained the mandated minimum terms and conditions, whether it provided for a fair and reasonable process for resolving disputes, and whether it was free from any provisions that could be considered oppressive or unfairly prejudicial to employees. Additionally, the court had to ensure that the agreement did not contravene any relevant industrial laws or regulations.

The court examined the proposed agreement in detail, taking into account the submissions from both parties. The court found that the agreement contained all the mandated minimum terms and conditions and provided for a fair and reasonable process for resolving disputes. The court also determined that the agreement was not oppressive or unfairly prejudicial to employees and did not contravene any relevant industrial laws or regulations. As a result, the court approved the agreement, finding it to be in the best interests of the employees covered by it. The approval of the agreement was made subject to certain conditions to ensure ongoing compliance with the relevant legislative framework.

Lucky Strike Welding Pty Ltd

DECISION

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Legal Principle Established