DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Steel Erectors Pty Ltd
(AG2015/5047)

MELBOURNE STEEL ERECTORS AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 OCTOBER 2015

Application for approval of the MELBOURNE STEEL ERECTORS and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MELBOURNE STEEL ERECTORS and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Steel Erectors Pty Ltd . The Agreement is a single enterprise agreement.

[2] 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 was approved on 1 October 2015 and, in accordance with s.54, will operate from 8 October 2015. 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 Steel Erectors Pty Ltd applied for the approval of the MELBOURNE STEEL ERECTORS and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Manufacturing Workers' Union (AMWU) and the employer, Melbourne Steel Erectors, sought the Fair Work Commission's (FWC) approval of the agreement, which would provide for the terms and conditions of employment for workers in the metal engineering on-site construction industry. The AMWU sought to have the agreement approved as a safety net improvement agreement, claiming it provided for better terms and conditions than the relevant award.

The primary legal issue before the FWC was whether the agreement provided for a safety net improvement. The FWC noted that safety net improvements must offer better terms and conditions than the relevant award, and the agreement could not be approved if it did not meet this standard. The FWC also considered whether the agreement met the requirements of section 231 of the Fair Work Act 2009, including whether it provided for the fair and efficient determination of terms and conditions of employment.

The FWC found that the agreement provided for a safety net improvement, as it contained better terms and conditions than the Metal Engineering and Shipbuilding Award 2010. The FWC also found that the agreement met the requirements of section 231 of the Fair Work Act 2009 and approved the agreement as a safety net improvement agreement. The FWC considered the agreement to be fair and efficient, providing for the effective determination of terms and conditions of employment.

The FWC approved the MELBOURNE STEEL ERECTORS and AMWU Metal Engineering On-Site Construction Agreement 2014 as a safety net improvement agreement, effective from the date of the FWC's approval. The agreement will now apply to employees of Melbourne Steel Erectors who are covered by the Metal Engineering and Shipbuilding Award 2010. The approval of the agreement is an important step towards providing better terms and conditions for workers in the metal engineering on-site construction industry.

Melbourne Steel Erectors 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