DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stairform Pty Ltd
(AG2020/2983)

AMWU & STAIRFORM PTY LTD METAL ENGINEERING ON SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 OCTOBER 2020

Application for approval of the AMWU & Stairform Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023

[1] Stairform Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & Stairform Pty Ltd Metal Engineering On Site Construction Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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 has 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 October 2020 and, in accordance with s 54, will operate from 26 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and Stairform Pty Ltd for the approval of the Metal Engineering On Site Construction Agreement 2020-2023. This application was made to the Fair Work Commission, which is the industrial relations tribunal for Australia. The application sought the tribunal's approval of the agreement, which was a collective agreement between the AMWU and Stairform Pty Ltd, governing the employment conditions of workers in the metal engineering sector on construction sites.

The legal issues before the tribunal centred on whether the proposed agreement was in the best interests of the workers it was intended to cover. This involved assessing whether the agreement provided fair and reasonable terms for the workers, complied with relevant legislation, and was made in good faith. The tribunal had to consider various provisions of the Fair Work Act 2009, including the requirement for the agreement to be free from coercion and to meet the "better-off-overall test." This test ensures that the workers would be no worse off and at least some workers would be better off under the agreement than they would be under the applicable award.

After carefully reviewing the application and hearing submissions from both parties, the tribunal concluded that the Metal Engineering On Site Construction Agreement 2020-2023 met all the necessary requirements for approval. The tribunal found that the agreement provided fair and reasonable terms for the workers, complied with the relevant legislation, and was made in good faith. It also determined that the agreement met the better-off-overall test, as it provided improved conditions and benefits for the workers compared to the applicable award. Consequently, the tribunal approved the agreement, and it came into effect as a registered agreement.

The tribunal's decision was based on its findings that the agreement provided fair and reasonable terms for the workers, complied with the relevant legislation, and was made in good faith. The tribunal considered the submissions from both parties and the evidence presented, and concluded that the agreement met all the necessary requirements for approval. The tribunal's approval of the agreement ensures that the workers in the metal engineering sector on construction sites will benefit from the improved terms and conditions provided by the agreement.

Stairform 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