DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rise Up Stairforms Pty Ltd
(AG2020/3992)

AMWU & RISE UP STAIRFORMS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

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

Application for approval of the AMWU & Rise Up Stairforms Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & RISE UP STAIRFORMS PTY LTD Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rise Up Stairforms Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying 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 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 January 2021 and, in accordance with s.54, will operate from 20 January 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

Rise Up Stairforms Pty Ltd recently faced an application in the Fair Work Commission concerning the approval of the AMWU & Rise Up Stairforms Pty Ltd Metal & Engineering On-Site Construction Agreement 2020 - 2023. The Australian Manufacturing Workers' Union (AMWU) sought approval of the agreement, which would govern the terms and conditions of employment for metal and engineering workers employed by Rise Up Stairforms Pty Ltd.

The central legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum terms and conditions, allowed for flexibility, and did not unfairly discriminate against employees. The Commission also considered whether the agreement would provide for a better outcome for employees than if there was no agreement.

In reaching its decision, the Commission examined the terms of the agreement in detail, taking into account submissions from both parties. The Commission found that the agreement provided for minimum terms and conditions, including pay rates, hours of work, and leave entitlements, and allowed for flexibility through provisions that permitted variations to be made in certain circumstances. The Commission also determined that the agreement did not unfairly discriminate against employees and would provide for a better outcome than if there was no agreement. As a result, the Commission approved the agreement, finding that it met the requirements for approval under the Fair Work Act 2009.

The Commission's decision provides important guidance for employers and unions seeking to negotiate and approve enterprise agreements. The Commission's analysis of the agreement's terms and its consideration of the relevant legal requirements demonstrate the importance of ensuring that agreements provide for minimum terms and conditions, allow for flexibility, and do not unfairly discriminate against employees. The decision also highlights the importance of considering the potential outcomes for employees when approving enterprise agreements.

Rise Up Stairforms 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