DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding
(AG2018/4752)

PC MOBILE WELDING AUSTRALIA PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the PC MOBILE WELDING AUSTRALIA PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the PC MOBILE WELDING AUSTRALIA PTY LTD and AMWU Metal Engineering On-Site Construction 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 PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, PC Mobile Welding Australia Pty Ltd, trading as PC Mobile Welding, applied for the approval of an enterprise agreement, the PC MOBILE WELDING AUSTRALIA PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020. The Australian Manufacturing Workers' Union (AMWU) opposed the approval, asserting that the agreement did not comply with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement provided for the proper management of the workplace, and if it met the ‘better off overall test’ as required by the Act. The Commission had to determine if the proposed terms and conditions were fair and reasonable, and if they adequately protected the rights and interests of the employees.

The Commission found that the agreement provided for the proper management of the workplace and met the ‘better off overall test’. The terms and conditions of the agreement were considered fair and reasonable, and the rights and interests of the employees were adequately protected. The Commission approved the agreement, despite the opposition from the AMWU. This decision was based on the evidence presented, which demonstrated that the proposed terms and conditions were in line with industry standards and provided for a fair and reasonable outcome for all parties involved.

PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established