DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Metro Pipe Services Pty Ltd
(AG2020/3550)

AMWU AND METRO PIPE SERVICES PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 DECEMBER 2020

Application for approval of the AMWU AND METRO PIPE SERVICES PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022.

[1] Metro Pipe Services Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU AND METRO PIPE SERVICES PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 December 2020 and, in accordance with s 54, will operate from 29 December 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and Metro Pipe Services Pty Ltd. The agreement pertained to the Metal Engineering Melbourne Metro Tunnel and Stations Project from 2018 to 2022. The primary issue was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including being free from prohibited content and meeting procedural requirements.

The legal issues central to the decision included whether the agreement contained any terms that would be deemed contrary to public policy or prohibited under the Fair Work Act. Additionally, the court had to assess whether the process through which the agreement was negotiated and agreed upon complied with the procedural fairness standards required by the Act. The court also examined the balance of the agreement in terms of its fairness to both employees and employers.

In delivering the decision, the Commission found that the agreement did not contain any terms that were contrary to public policy or otherwise prohibited under the Act. The Commission concluded that the negotiation process adhered to procedural fairness and that the agreement was fair and reasonable in its terms. Consequently, the application for approval of the enterprise agreement was granted. The Commission's approval ensures that the agreement will now be legally binding on the parties involved, providing a stable framework for the Metal Engineering Melbourne Metro Tunnel and Stations Project during the specified period.

Metro Pipe Services 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