DECISION

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

Tennyson Engineering Pty Ltd
(AG2021/6974)

AMWU AND TENNYSON ENGINEERING PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 SEPTEMBER 2021

Application for approval of the AMWU and Tennyson Engineering Pty Ltd Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and Tennyson Engineering Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made by Tennyson Engineering Pty Ltd pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] 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 (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.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisation(s).

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Tennyson Engineering Pty Ltd, an employer, and the Australian Manufacturing Workers' Union (AMWU), a union representing workers in the metals sector. The AMWU sought approval of the Metals Labour Hire Agreement 2019-2023, which outlines the terms and conditions for labour hire workers in the metals industry. The application was brought before the Fair Work Commission (FWC), the Australian industrial relations tribunal.

The primary legal issue before the FWC was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions for the workers, and if it included appropriate provisions for the protection of vulnerable workers. The FWC also had to consider whether the agreement was consistent with the objects of the Fair Work Act and the National Employment Standards.

The FWC found that the proposed agreement met the necessary criteria for approval. The FWC noted that the agreement provided for fair and reasonable terms and conditions for the workers, including provisions for minimum rates of pay, leave entitlements, and other benefits. The FWC also found that the agreement included appropriate provisions for the protection of vulnerable workers, such as those with disabilities or those in their first year of employment. The FWC concluded that the agreement was consistent with the objects of the Fair Work Act and the National Employment Standards, and approved the Metals Labour Hire Agreement 2019-2023.

Tennyson Engineering 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