Sublime Air (NSW) Pty Ltd

[2013] FWCA 9471

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sublime Air (NSW) Pty Ltd
(AG2013/10103)

SUBLIME AIR (NSW) PTY LTD / AMWU METAL WORKER ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2013-2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 DECEMBER 2013

Application for approval of the Sublime Air (NSW) Pty Ltd / AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014.

[1] An application has been made for approval of an enterprise agreement known asthe

Sublime Air (NSW) Pty Ltd / AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sublime Air (NSW) Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sublime Air (NSW) Pty Ltd applied for the approval of the AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014. The applicant and the Australian Manufacturing Workers' Union were parties to the agreement, which sought to establish the terms and conditions of employment for workers in the metal construction industry in New South Wales. The application was heard by the Fair Work Commission, an Australian federal statutory body with the authority to approve and register such agreements. The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including those concerning the protection of employees' rights and interests, and whether it met the requirements for approval under the Fair Work Regulations 2009.

The Commission examined the provisions of the agreement, considering whether they adequately protected the rights of employees and complied with the Fair Work Act and Regulations. The applicant argued that the agreement was fair and reasonable, providing for the fair and equitable treatment of employees, and met all legal requirements for approval. The Commission noted that the agreement contained provisions that addressed various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission considered whether these provisions were consistent with the objectives of the Fair Work Act and whether they provided adequate protections for employees.

After reviewing the agreement and the submissions of both parties, the Commission determined that the agreement complied with the relevant legal requirements. The Commission found that the agreement contained provisions that protected the rights and interests of employees, and that it was fair and reasonable. The Commission approved the agreement, finding that it met the necessary standards for registration under the Fair Work Act. The Commission's decision was based on a careful consideration of the agreement's provisions and the legal requirements for approval.

The final order of the Commission was that the AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014 be approved and registered under the Fair Work Act. The agreement was deemed to be in effect from the date of the Commission's decision, and both parties were bound by its terms. The approval of the agreement provided a framework for the fair and equitable treatment of employees in the metal construction industry in New South Wales, ensuring that their rights and interests were protected in accordance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established