Metalart Industries Summary

[2014] FWCA 8453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metalart Industries
(AG2014/9904)

AMWU AND THE METALART INDUSTRIES PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 NOVEMBER 2014

Application for approval of the AMWU and the Metalart Industries Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the Metalart Industries Pty Ltd Collective Bargaining Workshop Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Metalart Industries. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 December 2014.The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metalart Industries Pty Ltd, a manufacturer of steel products, and the Australian Manufacturing Workers' Union (AMWU) sought approval of their Collective Bargaining Workshop Agreement 2014 from the Fair Work Commission. The application was brought under section 234 of the Fair Work Act 2009, and the Commission heard the matter on 11 December 2018. The dispute centred on whether the agreement met the requirements of the Act, specifically whether it contained the mandatory bargaining items outlined in section 227 of the Act.

The primary legal issue before the Commission was whether the agreement contained all the mandatory bargaining items as prescribed by the Fair Work Act. The Commission was required to determine whether the agreement was in accordance with the mandatory provisions of the Act and whether it was appropriate to approve the agreement. Additionally, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission determined that the agreement contained all the mandatory bargaining items as required by the Fair Work Act. The Commission found that the agreement was appropriate and met the requirements of the Act, including providing for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement was in the best interests of the employees and approved the application for the agreement. The Commission's decision was based on the comprehensive nature of the agreement and the parties' commitment to fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the application for the Metalart Industries Pty Ltd and the Australian Manufacturing Workers' Union Collective Bargaining Workshop Agreement 2014. The Commission found that the agreement met all the mandatory requirements of the Fair Work Act and was in the best interests of the employees. The decision provides a clear example of the Commission's approach to approving collective agreements that meet the requirements of the Act.

Metalart Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established