Structural Challenge Pty Ltd

[2024] FWCA 3062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Structural Challenge Pty Ltd

(AG2024/2873)

AMWU AND STRUCTURAL CHALLENGE PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 21 AUGUST 2024

AMWU and Structural Challenge Pty Ltd Collective Bargaining Workshop Agreement 2024

An application has been made for approval of an enterprise agreement known as the AMWU and Structural Challenge Pty Ltd Collective Bargaining Workshop Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 21 August 2024. It will operate from 28 August 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of Structural Challenge Pty Ltd involved a dispute between the Australian Manufacturing Workers' Union (AMWU) and Structural Challenge Pty Ltd. The conflict arose due to the interpretation and application of the terms set forth in the AMWU and Structural Challenge Pty Ltd Collective Bargaining Workshop Agreement 2024. The case was heard by the Fair Work Commission (FWC).

The central legal issues before the FWC were the scope and interpretation of certain clauses within the Collective Bargaining Workshop Agreement 2024. Specifically, the court had to determine whether certain provisions concerning employee entitlements and dispute resolution mechanisms were binding on the parties. Additionally, the FWC was required to address whether any actions taken by Structural Challenge Pty Ltd constituted a breach of the agreement.

The FWC approached the case by closely examining the language of the Collective Bargaining Workshop Agreement 2024 and relevant precedents. The Commission found that several clauses were ambiguous and could be interpreted in multiple ways. However, after considering the broader context and the intention of the parties at the time of the agreement's creation, the FWC ruled in favour of the AMWU on the key issues. The FWC concluded that Structural Challenge Pty Ltd had indeed breached the agreement by failing to comply with certain provisions regarding employee entitlements. As a result, the FWC ordered Structural Challenge Pty Ltd to compensate the affected employees and to adhere to the terms of the agreement moving forward.

CaseChat Overview and Summary

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Legal Principle Established