| [2014] FWCA 6836 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MDP Construction & Engineering Pty Ltd T/A Engineering Dynamics
(AG2014/7490)
AMWU AND THE ENGINEERING DYNAMICS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 30 SEPTEMBER 2014 |
Application for approval of the AMWU and the Engineering Dynamics Pty Ltd Collective Bargaining Workshop Agreement 2014.
[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Engineering Dynamics Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by MDP Construction & Engineering Pty Ltd T/A Engineering Dynamics. The agreement is a single-enterprise agreement.
[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.
[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54(1), will operate from 7 October 2014. The nominal expiry date of the Agreement is 30 June 2017.
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APPENDIX A
- AGLC
- MDP Construction & Engineering Pty Ltd T/A Engineering Dynamics [2014] FWCA 6836
- Case
- [2014] FWCA 6836
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the agreement met the requirements of section 232 of the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission needed to consider whether the agreement provided adequate protection for employees' rights and interests, and whether it complied with any relevant provisions of the National Employment Standards.
The Fair Work Commission found that the proposed agreement was fair and appropriate for the employees. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it adhered to the principles of good faith bargaining. The Commission also found that the agreement provided adequate protection for employees' rights and interests, and that it complied with the relevant provisions of the National Employment Standards. Based on these findings, the Commission approved the agreement.
The Fair Work Commission approved the AMWU and Engineering Dynamics Pty Ltd Collective Bargaining Workshop Agreement 2014, subject to the terms and conditions outlined in the decision. The Commission's decision provides a useful reference for future collective bargaining agreements and ensures that the rights and interests of employees are protected.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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