DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Resources Australia Pty Ltd
(AG2021/4853)

AMWU & PROJECT RESOURCES AUSTRALIA PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 MAY 2021

Application for approval of the AMWU & Project Resources Australia Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & Project Resources Australia Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Project Resources Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Manufacturing Workers Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Manufacturing Workers Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s.54 of the Act, will operate from 20 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Project Resources Australia Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement with the Australian Manufacturing Workers' Union (AMWU). The proposed agreement, titled Metal Engineering On-Site Construction Agreement 2020-2023, sought to cover employees in the metal engineering industry who work on-site construction projects. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "single-purpose" agreement as required by the legislation.

The legal issues before the Commission included whether the proposed agreement satisfied the criteria for being a "single-purpose" agreement, including that it only dealt with matters in relation to a single enterprise or group of enterprises, and that it did not contain any provisions that were outside the scope of the enterprise. The Commission also considered whether the agreement complied with the "better-off, overall test" under section 230 of the Act, meaning that no party to the agreement would be worse off overall than they would be under the applicable award or safety net award. Additionally, the Commission examined whether the agreement contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement was a "single-purpose" agreement, as it only dealt with matters in relation to the metal engineering on-site construction industry and did not contain any provisions outside the scope of the enterprise. The Commission was satisfied that the agreement met the "better-off, overall test" and did not contain any provisions that were contrary to public policy. Consequently, the Commission approved the proposed agreement. The AMWU and Project Resources Australia Pty Ltd Metal Engineering On-Site Construction Agreement 2020-2023 was registered by the Fair Work Commission, effective from 1 April 2020.

Project Resources Australia 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