DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stairform Pty Ltd
(AG2018/6313)

STAIRFORM PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 DECEMBER 2018

Application for approval of the Stairform 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 Stairform 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 Stairform 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 is approved and, in accordance with s.54 of the Act, will operate from 26 December 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

Stairform Pty Ltd sought approval for the Stairform Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 from the Federal Circuit Court of Australia. The application was brought under section 234 of the Fair Work Act 2009, and the Australian Manufacturing Workers' Union was a party to the agreement. The union argued that the proposed agreement would better serve the interests of its members than the applicable award or enterprise agreement. The court needed to determine whether the agreement met the criteria for approval under the Fair Work Act.

The court examined whether the agreement contained the minimum terms and conditions required by the Act and whether it was likely to result in improved terms and conditions for the union members compared to the existing award or enterprise agreement. The court also considered whether the agreement was in the best interests of the union members, taking into account the union's submissions and the views of other parties. After reviewing the evidence and submissions, the court found that the agreement contained the required minimum terms and conditions and was likely to result in better terms and conditions for the union members.

The court concluded that the agreement was in the best interests of the union members and approved the Stairform Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The court ordered that the agreement be registered and enforceable as a registered agreement under the Fair Work Act. The decision provides guidance on the criteria for approving enterprise agreements and the considerations that the court takes into account when deciding whether an agreement is in the best interests of the union members.

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