DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onsite Machining and Pipeline Services Australia Pty Ltd T/A Onsite Machining
(AG2018/3330)

ONSITE MACHINING AND PIPELINE SERVICES AUSTRALIA AND AUSTRALIAN MANUFACTURING WORKERS' UNION MAINTENANCE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 NOVEMBER 2018

Application for approval of the Onsite Machining and Pipeline Services Australia and Australian Manufacturing Workers' Union Maintenance Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Onsite Machining and Pipeline Services Australia and Australian Manufacturing Workers’ Union Maintenance Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onsite Machining and Pipeline Services Australia Pty Ltd T/A Onsite Maching. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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 “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 12 November 2018. The nominal expiry date of the Agreement is 30 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Onsite Machining and Pipeline Services Australia Pty Ltd, trading as Onsite Machining, applied for approval of the Onsite Machining and Australian Manufacturing Workers' Union Maintenance Agreement 2017-2020 before the Fair Work Commission. The applicant sought to have the agreement approved as a safety net agreement, as defined in section 236 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval, including whether it was in the interests of the employees it covered and whether it would have a detrimental effect on the broader labour market. The Commission considered the evidence and submissions provided by the parties and found that the agreement was in the interests of the employees it covered and would not have a detrimental effect on the broader labour market. The Commission approved the agreement as a safety net agreement.

The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for overtime, shift loadings, and penalty rates. The Commission also found that the agreement included provisions for dispute resolution and that it was consistent with the principles of the Fair Work Act. The Commission concluded that the agreement would provide a safety net for employees in the industry and would not have a detrimental effect on the broader labour market. The Commission approved the agreement as a safety net agreement, subject to certain modifications to ensure that it met the requirements of the Fair Work Act.

Onsite Machining and Pipeline Services Australia Pty Ltd T/A Onsite Machining

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established