DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shaweld Engineering Pty Ltd
(AG2018/1442)

SHAWELD ENGINEERING AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 4 JULY 2018

Application for approval of the SHAWELD ENGINEERING 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 SHAWELD ENGINEERING 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 Shaweld Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 (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.

[4] The Agreement was approved on 4 July 2018 and, in accordance with s.54, will operate from 11 July 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Shaweld Engineering Pty Ltd sought approval for an enterprise agreement with the Australian Manufacturing Workers’ Union. The dispute arose as the applicant claimed the proposed agreement was necessary to facilitate the business operations and economic viability of the company. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement contained the necessary provisions for minimum entitlements, if it was free from prohibited content, and if it had been fairly negotiated.

The court examined the provisions of the proposed agreement and the process through which it was negotiated. The applicant argued that the agreement was necessary to adapt to the economic realities faced by the business and that it did not undermine the minimum standards provided by the Act. The union supported the agreement, stating that it provided fair outcomes for its members while allowing the business to remain competitive. The Commission considered the evidence presented by both parties and the statutory criteria for approval, including the requirement for the agreement to provide for minimum entitlements and to be free from any matter that would diminish the operation of the Act or the rights, powers, remedies, or procedures it provides.

After thorough examination, the Fair Work Commission found that the proposed agreement contained all necessary provisions for minimum entitlements and was free from prohibited content. The Commission also determined that the agreement had been fairly negotiated, taking into account the economic pressures faced by the company and the need for a sustainable agreement for both parties. Consequently, the Commission approved the SHAWELD ENGINEERING and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, allowing it to come into effect as per the specified terms.

Shaweld Engineering 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