DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRK Engineering Pty Ltd T/A Shaweld Engineering
(AG2020/3167)

AMWU AND THE SHAWELD ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 DECEMBER 2020

Application for approval of the AMWU and the SHAWELD ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the SHAWELD ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2020-2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by MRK Engineering Pty Ltd T/A Shaweld Engineering (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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.

[6] The Agreement is approved and in accordance with s 54 of the Act will operate from 28 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MRK Engineering Pty Ltd T/A Shaweld Engineering is before the Fair Work Commission in an application for approval of a collective agreement. The Australian Manufacturing Workers' Union (AMWU) and Shaweld Engineering are the parties involved in the dispute. The application concerns the AMWU and the Shaweld Engineering Pty Ltd Collective Bargaining Workshop Agreement 2020-2023. The primary legal issue before the commission was whether the agreement complied with the statutory requirements for approval under the Fair Work Act 2009.

The AMWU argued that the agreement was necessary to facilitate the transition of employees from the previous enterprise agreement to the new one. The commission examined whether the agreement was appropriately certified by a bargaining representative and whether it adhered to the procedural fairness requirements. The commission also considered if the agreement contained all the necessary terms and conditions, and if it complied with the statutory minimum entitlements. The AMWU submitted that the agreement was fair and reasonable, and it was necessary to ensure the continuity of employment for the workers.

The commission found that the agreement was appropriately certified and met the procedural fairness requirements. The commission also found that the agreement contained all the necessary terms and conditions and complied with the statutory minimum entitlements. The commission noted that the agreement was necessary to facilitate the transition of employees from the previous enterprise agreement to the new one. The commission was satisfied that the agreement was fair and reasonable, and it approved the agreement. The commission found that the agreement was in the best interests of the employees and the employer, and it was necessary to ensure the continuity of employment for the workers.

MRK Engineering Pty Ltd T/A Shaweld Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established