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

[2024] FWCA 1633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/1146)

AMWU & PC MOBILE WELDING AUSTRALIA PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 3 MAY 2024

Application for approval of the AMWU & PC Mobile Welding Australia Pty Ltd Collective Bargaining Workshop Agreement 2023

An application has been made for approval of an enterprise agreement known as the AMWU & PC Mobile Welding Australia Pty Ltd Collective Bargaining Workshop Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by PC Mobile Welding Australia Pty Ltd T/A PC Mobile Welding (Employer). The Agreement is a single enterprise agreement.

The notification time for the Agreement precedes 6 June 2023. Accordingly, the legislative changes to the Act in relation to the genuine agreement provisions which commenced on 6 June 2023 do not apply to this approval application.[1] However, the Agreement was made after 6 June 2023. Accordingly, the amendments to the better off overall test have commenced and so apply to this approval application.[2]

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Australian Manufacturing Workers Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 10 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) commenced operation with respect to the genuine agreement provisions and the better off overall test provisions of the Act on 6 June 2023. However, in relation to the genuine agreement provisions, Division 11 of Part 26 of the Amending Act provides that Part 2-4 of the Act continues to apply, as if the amendments had not been made, in relation to any proposed enterprise agreement for which the notification time occurs before 6 June 2023.

[2] Division 12 of Part 26 of the Amending Act provides that the amendments to the better off overall test apply in relation to enterprise agreements made on and after 6 June 2023

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of a proposed collective bargaining agreement between the Australian Manufacturing Workers' Union (AMWU) and PC Mobile Welding Australia Pty Ltd, trading as PC Mobile Welding. The application was heard in the Fair Work Commission (FWC), which has the jurisdiction to approve and register such agreements under the Fair Work Act 2009. The union and the company sought FWC's approval for the AMWU & PC Mobile Welding Australia Pty Ltd Collective Bargaining Workshop Agreement 2023.

The primary legal issue before the FWC was whether the proposed agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained the necessary provisions as specified in the Act, was free from prohibited content, and had been made in good faith. The FWC also had to consider whether the agreement provided for a fair and efficient system of dispute resolution and adequately protected the rights and interests of the employees and employers involved.

In delivering its decision, the FWC noted that the proposed agreement contained all the necessary provisions as outlined in the Fair Work Act, including those relating to wages, hours of work, and other conditions of employment. The FWC found that the agreement was free from prohibited content and had been made in good faith. Furthermore, the FWC concluded that the agreement provided for a fair and efficient system of dispute resolution and adequately protected the rights and interests of the parties. Therefore, the FWC approved the agreement and directed that it be registered.

The FWC's final order was that the AMWU & PC Mobile Welding Australia Pty Ltd Collective Bargaining Workshop Agreement 2023 be approved and registered under the Fair Work Act. The agreement will now be binding on the parties and their employees, providing a framework for their employment relationship for the duration of the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established