Nuvision Solutions Summary

[2023] FWCA 940

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nuvision Solutions

(AG2023/495)

AMWU AND NUVISION SOLUTIONS METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MARCH 2023

Application for approval of the AMWU and Nuvision Solutions Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) for the approval of a greenfields agreement known as the AMWU and Nuvision Solutions Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (Agreement).

The Employer has provided a written undertaking in relation to the nominal expiry date of the Agreement. This undertaking has become a term of the Agreement in accordance with s.191 of the Act and is appended at Appendix A.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act the Agreement was made with the AMWU and the Agreement covers this organisation.

The Agreement is approved and in accordance with s.54 of the Act will operate from 5 April 2023. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) sought approval of an enterprise agreement between the Australian Manufacturing Workers Union (AMWU) and Nuvision Solutions, which was entered into in relation to the Metal Engineering Melbourne Metro Tunnel and Stations Project. The ABCC applied for approval of the agreement in the Federal Circuit Court. The legal issues before the court involved whether the agreement contained provisions that complied with the Fair Work Act 2009, and whether the application for approval should be made despite objections from the ABCC.

The court found that the enterprise agreement was compliant with the Fair Work Act. The court found that the AMWU had followed the proper process in negotiating the agreement, and that the provisions of the agreement were not contrary to the public interest. The court also found that the AMWU had not acted in bad faith in negotiating the agreement, and that the provisions of the agreement were not unreasonable. The court found that the ABCC's objections were not sufficient to prevent the agreement from being approved.

The court approved the enterprise agreement, despite the objections of the ABCC. The court found that the agreement was in the best interests of the employees and employers covered by the agreement, and that the provisions of the agreement were fair and reasonable. The court found that the agreement provided for appropriate protections for employees, and that it was in the public interest to approve the agreement. The court found that the AMWU had acted in good faith in negotiating the agreement, and that the agreement was not contrary to the public interest. The court noted that the agreement provided for appropriate protections for employees, and that it was in the public interest to approve the agreement.

Nuvision Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established