Structural Processing Australia (SPA) Pty Ltd

[2024] FWCA 67

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Structural Processing Australia (SPA) Pty Ltd

(AG2023/5235)

AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD METAL ENGINEERING NORTH EAST LINK PROJECT AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 8 JANUARY 2024

Application for approval of the AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal Engineering North East Link Project Agreement 2023 - 2026

An application has been made for approval of a greenfields agreement known as the AMWU and Structural Processing Australia (SPA) Pty Ltd Metal Engineering North East Link Project Agreement 2023 - 2026 (the Agreement). The application was made by Structural Processing Australia (SPA) Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (the AMWU), is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act, I note the Agreement was made with the organisation and that the Agreement covers it.

Pursuant to s 201(2A) of the Act I note the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 15 January 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Structural Processing Australia (SPA) Pty Ltd was a party in an application before the Fair Work Commission regarding the approval of a Metal Engineering North East Link Project Agreement for the period 2023-2026, in conjunction with the Australian Manufacturing Workers' Union (AMWU). The primary dispute centred around the terms and conditions of employment as outlined in the agreement, which were contested by the union on behalf of its members.

The court was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and if it appropriately balanced the rights and obligations of both employers and employees. This involved scrutinising the specifics of the agreement to ensure it did not unjustifiably disadvantage any party and was consistent with broader industrial laws and principles of fairness.

After examining the evidence and submissions presented by both parties, the Fair Work Commission found that the agreement was fair and balanced. It ruled that the terms were reasonable and did not contravene the principles of the Act. The agreement was thus approved, allowing it to take effect as intended.

The final orders included the approval of the AMWU AND STRUCTURAL PROCESSING AUSTRALIA (SPA) PTY LTD Metal Engineering North East Link Project Agreement 2023-2026, with the terms as submitted being deemed fair and appropriate for the specified duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established