DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reel Fishing Pty Ltd T/A Gradan Industries
(AG2015/2439)

AMWU AND GRADAN INDUSTRIES METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

Application for approval of the AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reel Fishing Pty Ltd T/A Gradan Industries. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Manufacturing Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reel Fishing Pty Ltd, trading as Gradan Industries, applied for approval of the AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014. The application was heard by the Fair Work Commission (FWC) and dealt with the specifics of industrial agreements between the employer and the Australian Manufacturing Workers’ Union (AMWU). The AMWU, as a trade union, sought to ensure fair terms and conditions for its members, while Gradan Industries aimed to maintain operational flexibility and efficiency.

The central legal issue before the FWC was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This involved scrutiny of the agreement's provisions against the criteria set forth in the Act, particularly concerning the agreement's ability to provide for fair and effective workplace relations. The FWC had to determine if the agreement met the standards of being in the best interests of the employees it covered, ensuring fair terms and conditions and providing for the efficient and effective conduct of workplace relations.

The FWC concluded that the AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014 was in the best interests of the employees it covered. The Commission found that the agreement provided for fair and effective workplace relations, meeting the statutory criteria. The terms and conditions outlined in the agreement were deemed reasonable, and the agreement was approved as meeting the necessary legislative requirements. This decision ensured that both the employer and the employees could operate under a legally recognised agreement that balanced the needs of the business with the rights and protections of the workforce.

The final orders of the FWC approved the agreement as compliant with the Fair Work Act 2009. The AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014 was thus officially recognised, providing a legal framework for the relationship between the employer and the union, and ensuring that the terms and conditions for the employees were fair and effective.

Reel Fishing Pty Ltd T/A Gradan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established