[2015] FWCA 4810

The attached document replaces the document previously issued with the above code on 16 July 2015.

Correction has been made to reference code.

Stephanie Shahine

For Deputy President Gostencnik

16 July 2015

[2015] FWCA 4810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliable Welding Service Pty Ltd
(AG2015/3905)

RELIABLE WELDING SERVICE PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JULY2015

Application for approval of the Reliable Welding Service Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Reliable Welding Service Pty Ltd and AMWU 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 Reliable Welding Service Pty Ltd. 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 16 July 2015 and, in accordance with s.54, will operate from 23 July 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

In the Fair Work Commission, Reliable Welding Service Pty Ltd sought approval of an enterprise agreement with the Australian Manufacturing Workers' Union. The application was made under section 232 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the legislative framework governing enterprise agreements.

The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the good faith bargaining requirements. Key issues included the provisions regarding pay rates, working hours, and the process for resolving disputes. The Commission also had to assess if the agreement was free from any prohibited content, such as provisions that could undermine the rights of employees or be detrimental to the national economy.

The Commission found that the agreement was fair and reasonable and complied with all statutory requirements. The proposed terms were consistent with industry standards, and the process for resolving disputes was deemed to be fair. The Commission was satisfied that the agreement was the product of genuine good faith bargaining and did not contain any prohibited content. Consequently, the application for approval was granted, and the agreement was registered.

The final orders included the registration of the AMWU Metal Engineering On-Site Construction Agreement 2014, effective from the date of the decision. The agreement was to apply to all employees of Reliable Welding Service Pty Ltd who were members of the Australian Manufacturing Workers' Union, ensuring a legally binding framework for employment conditions moving forward.

Reliable Welding Service 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