Maddison Wright Engineering Pty Ltd

[2022] FWCA 4584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Maddison Wright Engineering Pty Ltd

(AG2022/5250)

Maddison Wright Engineering Geelong Workshop & the AMWU Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 DECEMBER 2022

Application for approval of the Maddison Wright Engineering Geelong Workshop & the AMWU Agreement 2022

An application has been made for approval of an enterprise agreement known as the Maddison Wright Engineering Geelong Workshop & the AMWU Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maddison Wright Engineering Pty Ltd. The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 December 2022.

On 20 December 2022, my Chambers sent correspondence to the parties advising that pursuant to s.54 of the Act, the approval decision would state that the commencement date of the Agreement will be 7 days following approval.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 23 December 2022 and, in accordance with s.54, will operate from 30 December 2022. The nominal expiry date of the Agreement is 31 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Maddison Wright Engineering Pty Ltd, the applicant, Maddison Wright Engineering, sought approval for the Maddison Wright Engineering Geelong Workshop and the AMWU Agreement 2022 under section 236A of the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) was a party to the proceedings. The dispute involved the terms and conditions of employment for workers in the Geelong workshop, particularly concerning pay and conditions, and the agreement's alignment with relevant industrial instruments.

The primary legal issues before the court were whether the agreement was a genuine agreement and whether it provided for fair and reasonable terms and conditions. The court examined if the agreement had been made freely and fairly without any duress or coercion and whether it provided for terms and conditions that were no less favourable than the relevant industrial instrument. The court also assessed if the agreement included all necessary provisions and if it complied with the statutory requirements under the Fair Work Act.

The court found that the agreement was a genuine agreement that provided for fair and reasonable terms and conditions. The applicant demonstrated that the agreement was made without any duress or coercion and that it was consistent with the relevant industrial instrument. The court also confirmed that the agreement contained all the necessary provisions and complied with the statutory requirements under the Fair Work Act. Consequently, the court approved the agreement, finding that it met all the statutory criteria for approval.

No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established