DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MRK Engineering Pty Ltd T/A Shaweld Engineering
(AG2020/3166)

AMWU & SHAWELD ENGINEERING PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

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

Application for approval of the AMWU & SHAWELD ENGINEERING PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Shaweld Engineering Pty Ltd Metal Engineering On-Site Construction 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. The Agreement is a single enterprise agreement.

[2] 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.

[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 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

CaseChat Overview and Summary

The case involved MRK Engineering Pty Ltd, trading as Shaweld Engineering, and the Australian Manufacturing Workers' Union (AMWU). The primary dispute was regarding the approval of the AMWU & Shaweld Engineering Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023. The matter was brought before the Fair Work Commission, which has jurisdiction over such employment agreements and industrial matters.

The legal issues at hand centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions of employment, and whether it adhered to the principles of good faith bargaining and procedural fairness. The Commission also had to consider the balance of rights and obligations between the parties, ensuring that the agreement did not unfairly disadvantage either side.

In its decision, the Commission thoroughly examined the terms of the agreement, the negotiation process, and the context of the industry. It found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic and operational realities of the metal engineering industry. The Commission concluded that the agreement was a genuine compromise, reflecting a balance of the parties' respective bargaining positions. Accordingly, the Commission approved the agreement, emphasising the importance of maintaining a fair and harmonious workplace.

The Fair Work Commission approved the AMWU & Shaweld Engineering Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023, confirming that it met the statutory requirements for approval.

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

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Legal Principle Established