DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Steelvision Pty Ltd
(AG2016/6408)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 25 OCTOBER 2016

Application for approval of the Steelvision 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 Steelvision 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 Steelvision 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 1 November 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

Steelvision Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Australian Manufacturing Workers' Union. The union argued that the agreement was not genuinely bargained, while Steelvision contended that the agreement was fairly negotiated and should be approved. The dispute came before the Fair Work Commission, which had to determine the genuineness of the bargaining process and whether the agreement should be approved.

The court examined the process through which the agreement was reached, considering the conduct of both parties. Key issues included whether there was coercion or undue influence, and whether the union adequately represented the employees. The court also considered the extent to which the agreement met the requirements of the Fair Work Act 2009. The union argued that there was insufficient evidence of genuine bargaining, while Steelvision maintained that the process was fair and transparent. The court found that the evidence demonstrated that the agreement was genuinely negotiated and met the statutory requirements.

In its decision, the Fair Work Commission concluded that the agreement was genuinely bargained between the parties. The court found no evidence of coercion or undue influence and determined that the union had adequately represented the employees. The commission held that the agreement was fair and met the necessary criteria under the Fair Work Act 2009. Consequently, the court approved the Steelvision Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

The final orders of the court were that the agreement be approved and registered as a certified agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement are legally enforceable and binding on the parties involved.

Steelvision 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