DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Profab Engineering Pty Ltd
(AG2015/1688)

AMWU AND THE PROFAB ENGINEERING PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 13 MARCH 2015

Application for approval of the AMWU and the PROFAB ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the PROFAB ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Profab Engineering Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers' Union (AMWU) and Profab Engineering Pty Ltd to approve the AMWU and the PROFAB ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2014. The agreement sought to establish the terms and conditions of employment for employees of Profab Engineering Pty Ltd. The parties were in dispute over the nature and scope of the bargaining area, as well as the appropriate classification of certain employees under the agreement.

The legal issues before the Commission were whether the bargaining area was appropriately defined, whether the agreement was made in good faith and whether the agreement met the requirements of the Fair Work Act 2009. The Commission had to consider whether the bargaining area was appropriate and not excessively broad or narrow, and whether the agreement was made in accordance with the procedural requirements of the Act. Additionally, the Commission had to consider whether the agreement complied with the substantive provisions of the Act, including the requirement that it provide for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the bargaining area was appropriately defined and not excessively broad or narrow. The Commission also found that the agreement was made in good faith and complied with the procedural requirements of the Act. The Commission found that the agreement met the substantive requirements of the Act, including the requirement that it provide for fair and reasonable terms and conditions of employment. The Commission approved the agreement and made an order accordingly.

The Fair Work Commission approved the AMWU and the PROFAB ENGINEERING PTY LTD Collective Bargaining Workshop Agreement 2014 and made an order to that effect. The agreement was to be registered with the Fair Work Commission and would be binding on all employees of Profab Engineering Pty Ltd who were covered by the agreement. The agreement provided for a range of terms and conditions of employment, including pay rates, hours of work, leave entitlements and other employment-related matters. The approval of the agreement by the Commission was an important step in ensuring that the employees of Profab Engineering Pty Ltd had fair and reasonable terms and conditions of employment.

Profab Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established