DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Stainless Handrails & Balustrade P/L
(AG2018/1620)

MELBOURNE STAINLESS HANDRAILS & BALUSTRADE P/L AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 AUGUST 2018

Application for approval of the Melbourne Stainless Handrails & Balustrade P/L 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 Stainless Handrails & Balustrade P/L 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 Stainless Handrails & Balustrade P/L. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 August 2018 and, in accordance with s.54, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Melbourne Stainless Handrails & Balustrade P/L and the Australian Manufacturing Workers' Union. The dispute was about the approval of the AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020. The application was brought before the Fair Work Commission.

The primary legal issue the court had to decide was whether the agreement in question complied with the Fair Work Act 2009. This involved assessing whether the agreement met the criteria for a modern award, including whether it provided for minimum rates of pay, conditions, and entitlements that were no less favourable than those provided by the relevant award. The court also had to determine whether the agreement adequately protected the rights of employees and complied with the principles of procedural fairness.

The court found that the agreement was in compliance with the Fair Work Act 2009. It met all the necessary criteria for a modern award and provided for minimum rates of pay, conditions, and entitlements that were at least as favourable as those in the relevant award. The court was satisfied that the agreement adequately protected the rights of employees and complied with procedural fairness. The application for approval was subsequently granted.

The Fair Work Commission approved the AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020, recognising it as a modern award under the Fair Work Act 2009. This decision provides clarity and legal certainty for the parties involved, ensuring that the agreement's terms are enforceable and compliant with the relevant legislation.

Melbourne Stainless Handrails & Balustrade P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established