DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Manufacturing Workers Union
(AG2015/2066)

ACCESS SAFETY SERVICES AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MAY 2015

Application for approval of the Access Safety Services and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Access Safety Services 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 The Australian Manufacturing Workers Union. 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 5 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers Union, on behalf of its members, applied to the Fair Work Commission for the approval of the Access Safety Services and AMWU Metal Engineering On-Site Construction Agreement 2014. The application was opposed by Access Safety Services. The dispute centred on the terms of the proposed enterprise agreement, particularly those related to pay rates and conditions for workers in the metal engineering industry. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the "better off overall test" (BOOT), and if it adhered to the "no disadvantage test" (NDT). The Commission also had to consider whether the agreement was consistent with the "national employment standards" (NES). The parties debated the fairness and reasonableness of various clauses, including those relating to wages, hours of work, and redundancy provisions.

In its decision, the Commission found that the agreement was genuinely negotiated and met the BOOT and NDT. The Commission held that the proposed agreement was better off overall for the majority of employees, despite some opposition from a minority. The Commission also determined that the agreement did not disadvantage any employee compared to their previous terms and conditions, and it complied with the NES. The Commission approved the Access Safety Services and AMWU Metal Engineering On-Site Construction Agreement 2014, subject to certain minor amendments to address technical issues.

The Commission ordered that the approved agreement would come into effect on the first day of the third calendar month following the decision, with minor amendments to be negotiated and agreed upon by the parties. The Commission also directed that the agreement be registered with the Fair Work Commission and that copies be provided to the parties and their employees. This decision sets an important precedent for future enterprise agreements in the metal engineering industry, balancing the interests of employers and employees while ensuring fair and reasonable terms for all parties involved.

The Australian Manufacturing Workers Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established