DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Installations
(AG2019/3253)

AMWU AND MELBOURNE INSTALLATIONS METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the AMWU and MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2019-2023 (the 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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is 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 the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Melbourne Installations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the AMWU and MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2019-2023. The Australian Manufacturing Workers' Union contested the application, arguing that the agreement did not meet the "better off overall test" and contained clauses that were contrary to public policy. The central legal issues were whether the agreement met the statutory requirements for approval and if any clauses were invalid for being contrary to public policy.

The Commission examined whether the agreement provided employees with a "better off overall" outcome compared to the applicable award or previous agreement. It also assessed whether any provisions in the agreement contravened public policy, such as by undermining workers' rights or allowing for unlawful practices. The Commission found that the agreement did meet the "better off overall" test, as it provided employees with improved wages, conditions, and benefits. It also concluded that none of the clauses were contrary to public policy. Therefore, the application was approved.

The Fair Work Commission approved the AMWU and MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2019-2023. The decision confirmed that the agreement met the statutory requirements and did not contain any provisions contrary to public policy. The approval ensures that the terms and conditions of employment for the workers covered by the agreement are governed by the new enterprise agreement.

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