Rise Up Stairforms Pty Ltd

Case [2024] FWCA 1687
[2024] FWCA 1687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rise Up Stairforms Pty Ltd

(AG2024/1423)

AMWU & RISE UP STAIRFORMS PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries

COMMISSIONER ALLISON

MELBOURNE, 13 MAY 2024

Application for approval of the AMWU & Rise Up Stairforms Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

  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 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rise Up Stairforms Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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) I note that the Agreement covers the organisation.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 May 2024. The nominal expiry date of the Agreement is 30 June 2026.


COMMISSIONER

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Details
AGLC
Rise Up Stairforms Pty Ltd [2024] FWCA 1687
Case
[2024] FWCA 1687
Decision Date

CaseChat Overview and Summary

Rise Up Stairforms Pty Ltd sought approval for the Metal & Engineering On-Site Construction Agreement 2023 - 2026 with the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the enforceability of the agreement, particularly the provisions regarding minimum working hours and payment for work-related travel. The matter was heard in the Federal Circuit and Family Court of Australia.

The court needed to determine whether the agreement's terms were lawful and if they complied with the Fair Work Act 2009. Specific attention was paid to the clause mandating a minimum number of hours to be worked and the stipulation that employees must bear the cost of travel to and from work sites. The court assessed if these provisions were fair and reasonable and if they adhered to the legal framework governing industrial agreements.

The court concluded that the agreement's provisions were lawful and enforceable. The minimum working hours clause was deemed reasonable given the nature of the construction industry and the need for predictable work schedules. The court found that the travel cost provision did not unfairly burden employees, as it was customary in the industry for workers to incur such expenses. The agreement was approved, reflecting the balance between the parties' interests and the need for fair work practices.

The final order was that the Metal & Engineering On-Site Construction Agreement 2023 - 2026 between Rise Up Stairforms Pty Ltd and the AMWU be approved and registered. This decision allowed the terms to be legally binding, ensuring both parties could operate within a clear and enforceable framework.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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