DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stairform Pty Ltd
(AG2016/400)

STAIRFORM PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the STAIRFORM PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[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 2014 (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 was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of the STAIRFORM PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014. The respondent, STAIRFORM PTY LTD, opposed the application, arguing that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement met the criteria for approval as set out in section 234 of the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and reasonable method of determining wages and other conditions of employment. The court had to consider whether the agreement contained provisions that were consistent with the principles of enterprise flexibility and the national minimum safety net of entitlements.

The court found that the agreement provided for a fair and reasonable method of determining wages and other employment conditions. It contained provisions that aligned with the principles of enterprise flexibility and the national minimum safety net of entitlements. The court was satisfied that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or that would undermine the national safety net. Consequently, the court approved the agreement.

In conclusion, the Fair Work Commission approved the STAIRFORM PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014, finding that it met the necessary standards for approval under the Fair Work Act 2009. The court's decision provides clarity for future agreements between employers and the AMWU in the metal engineering on-site construction sector.

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