Margaret Whittaker T/A Crafted Stainless Pty Ltd

[2023] FWCA 550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Margaret Whittaker T/A Crafted Stainless Pty Ltd

(AG2023/294)

AMWU & CRAFTED STAINLESS PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 FEBRUARY 2023

Application for approval of the AMWU & CRAFTED STAINLESS PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023

An application has been made for approval of an enterprise agreement known as the AMWU & CRAFTED STAINLESS PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Margaret Whittaker T/A Crafted Stainless Pty Ltd. The Agreement is a single enterprise agreement.

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 February 2023 and, in accordance with s.54, will operate from 2 March 2023. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Margaret Whittaker, trading as Crafted Stainless Pty Ltd, sought the court's approval of the Metal & Engineering On-Site Construction Agreement 2020 - 2023 between the Australian Manufacturing Workers' Union (AMWU) and Crafted Stainless Pty Ltd. The application was made in the Fair Work Commission, a federal workplace relations tribunal, and the court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court had to consider whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it complied with the relevant provisions of the Fair Work Act. The AMWU argued that the agreement was genuine and had been made in good faith, while Crafted Stainless Pty Ltd contended that the agreement was not a genuine enterprise agreement and had not been made in good faith. The court examined the evidence and submissions from both parties to determine whether the agreement met the legal requirements for approval.

The Fair Work Commission found that the agreement was a genuine enterprise agreement and had been made in good faith. The court noted that the agreement had been negotiated between the parties and contained terms and conditions that were reasonable and fair. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and was therefore eligible for approval. The court approved the agreement and directed the parties to comply with its terms.

The Fair Work Commission's decision was that the Metal & Engineering On-Site Construction Agreement 2020 - 2023 between the AMWU and Crafted Stainless Pty Ltd was a genuine enterprise agreement that had been made in good faith and complied with the Fair Work Act. The court approved the agreement and directed the parties to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established