DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Installations Pty Ltd
(AG2017/4315)

MELBOURNE INSTALLATIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 -2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 13 OCTOBER 2017

Application for approval of the Melbourne Installations Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 -2020.

[1] An application has been made for approval of an enterprise agreement known as the Melbourne Installations Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017 -2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Installations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne Installations Pty Ltd applied to the Fair Work Commission for approval of the Melbourne Installations Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The Australian Manufacturing Workers' Union contested the application, claiming the agreement did not meet the standards set by the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the minimum standards outlined in the Fair Work Act, particularly concerning pay rates, conditions, and the scope of the agreement.

The Commission examined the agreement's provisions against the statutory minimum standards. The primary issue was whether the agreement provided for adequate minimum pay rates and conditions that were at least equivalent to the relevant awards and the National Employment Standards. The Union argued that the proposed agreement fell short of these standards, particularly regarding overtime pay and penalty rates. The Commission considered submissions from both parties and assessed whether the agreement provided fair and reasonable terms for employees.

After careful consideration, the Fair Work Commission determined that the proposed agreement did not meet the statutory minimum standards. The Commission found that the agreement's provisions on overtime pay and penalty rates were insufficient and did not provide for adequate minimum terms and conditions. Consequently, the Commission did not grant approval to the agreement. The decision highlighted the need for employers and unions to ensure that any proposed agreements meet the statutory minimum standards to avoid non-approval by the Commission.

The Commission's final order was that the application for approval of the Melbourne Installations Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 was refused. The decision underscored the importance of compliance with the Fair Work Act and the need for agreements to provide fair and reasonable terms and conditions for employees.

Melbourne Installations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established