DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Installations
(AG2017/282)

MELBOURNE INSTALLATIONS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the Melbourne Installations and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Melbourne Installations and AMWU Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made by Melbourne Installations pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Installations sought the Fair Work Commission's approval of the Melbourne Installations and AMWU Metal Engineering On-Site Construction Agreement 2014, a modern award, under section 230 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union opposed the application, raising concerns about the award's provisions. The central legal issues were whether the award provisions aligned with the legislative framework and whether they met the requirements for approval under the Act. The Commission examined the award's provisions, particularly those concerning shift premiums and penalty rates, and assessed their consistency with the principles of the Act. The Commission concluded that the award provisions were consistent with the Act and approved the award. The Commission found that the award provisions did not unjustifiably discriminate against any individual or class of individuals, and were not inconsistent with the national minimum terms and conditions. The Commission also found that the award did not contain any term that was not reasonably required to facilitate the implementation of the agreement.

The Commission approved the award, emphasising the importance of the agreement in ensuring fair and reasonable terms for employees in the metal engineering on-site construction industry. The Commission noted that the award provided for a balanced approach to the interests of employers and employees, and that the provisions were not overly burdensome for employers. The Commission also highlighted the role of the award in promoting industrial peace and harmony in the industry. The final orders of the Commission were that the award be approved and registered under section 231 of the Act. The Commission also ordered that the award be published in the Commonwealth Gazette and on the Fair Work Commission's website. The decision provides clarity on the approval process for modern awards and the considerations that the Commission takes into account in making its decision.

Melbourne Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established