DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metal X Australia Pty Ltd
(AG2020/2566)

AMWU AND THE METAL X AUSTRALIA COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 OCTOBER 2020

Application for approval of the AMWU and the METAL X Collective Bargaining Workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the METAL X Collective Bargaining Workshop Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Metal X Australia 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] 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.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metal X Australia Pty Ltd recently faced a decision from the Fair Work Commission, where the Australian Manufacturing Workers' Union (AMWU) and the Metal X Collective Bargaining Workshop Agreement 2020 were the subjects of a dispute. The AMWU applied for the approval of this agreement, which was contested by Metal X. The crux of the disagreement centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The court had to determine if the agreement complied with the procedural requirements laid out in the Fair Work Act, particularly whether the AMWU had adequately represented the employees. Additionally, the court examined the terms of the agreement to ensure they were fair and reasonable, considering the balance of rights and obligations between the employer and employees. The court also evaluated if the agreement provided for proper dispute resolution mechanisms and if it adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission found that the AMWU had met the procedural requirements, as the union had demonstrated sufficient representation of the employees. The court also concluded that the terms of the agreement were fair and reasonable, striking an appropriate balance between the parties' rights and obligations. The dispute resolution mechanisms were deemed adequate, and the agreement was found to be the result of good faith bargaining. Consequently, the commission approved the Metal X Collective Bargaining Workshop Agreement 2020.

Metal X Australia 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