Primech Engineering Pty Ltd

[2014] FWCA 3017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Primech Engineering Pty Ltd
(AG2014/3993)

AMWU, PRIMECH ENGINEERING PTY LTD, AUSTRALIAN PAPER (MARYVALE MILL) CERTIFIED AGREEMENT 2012 - 2015

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 8 MAY 2014

Application for approval of the AMWU, Primech Engineering Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AMWU, Primech Engineering Pty Ltd, Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Primech Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Primech Engineering Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A and Attachment B.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) applied to the Fair Work Commission for approval of the Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015 between Primech Engineering Pty Ltd and the AMWU. The AMWU sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The AMWU argued that the agreement was made in good faith, contained appropriate procedures for its approval, and was consistent with the provisions of the Fair Work Act. Primech Engineering Pty Ltd contested the application on the grounds that the agreement was not made in good faith and did not contain appropriate procedures for its approval.

The Commission considered whether the agreement was made in good faith and whether it contained appropriate procedures for its approval. The Commission found that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties and the agreement contained appropriate procedures for its approval. The Commission also found that the agreement was consistent with the provisions of the Fair Work Act. Therefore, the Commission approved the agreement and registered it as a registered agreement under the Fair Work Act.

The AMWU's application for approval of the Australian Paper (Maryvale Mill) Certified Agreement 2012 - 2015 was approved by the Commission. The agreement was registered as a registered agreement under the Fair Work Act, effective from the date of registration. The parties are now bound by the terms of the registered agreement, and any disputes arising out of the agreement can be resolved under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established