DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Scaffold Logistics Commercial Pty Ltd T/A Base Industries Australia
(AG2020/633)

BASE INDUSTRIES AUSTRALIA PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 MARCH 2020

Application for approval of the Base Industries Australia Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Base Industries Australia Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Scaffold Logistics Commercial Pty Ltd t/a Base Industries Australia.

[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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the AMWU) 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 AMWU and that the Agreement covers this organisation.

[4] The Agreement was approved on 26 March 2020 and, in accordance with s.54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scaffold Logistics Commercial Pty Ltd, trading as Base Industries Australia, applied to the Fair Work Commission for the approval of the Base Industries Australia Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The dispute arose from disagreements between the applicant and the Australian Manufacturing Workers' Union over the terms and conditions of the agreement.

The legal issues before the Commission involved determining whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing if the agreement was genuinely made by the parties, if it was made without any improper conduct, and if it provided for a fair and reasonable process for resolving disputes between the parties.

The Commission found that the agreement was genuinely made by the applicant and the union, without any improper conduct. It also determined that the agreement provided for a fair and reasonable process for resolving disputes. Consequently, the Commission approved the agreement, stating that it was in the best interests of the employees and the employer.

The Commission's final orders included the approval of the Base Industries Australia Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, with the agreement to be registered and enforceable under the Fair Work Act 2009.

Scaffold Logistics Commercial Pty Ltd T/A Base Industries Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established