DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cog (Vic) Pty Ltd

(AG2021/4053)

AWMU & THE COG (VIC) PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 26 MARCH 2021

Application for approval of the AMWU & The Cog (Vic) Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] The Cog (Vic) Pty Ltd and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a greenfields agreement known as the AMWU & The Cog (Vic) Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) under section 172(2)(b) of the Act.

[2] The Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under the Agreement.

[3] The Agreement copy filed with the application contained typographical errors at clauses 1.0, 4.0, 5.1 and at the bottom of each page. The Applicant sought to correct the errors by filing an amended copy of the Agreement. I am satisfied that the corrections should be made and that it is appropriate to do so under to s.586 of the Act.

[4] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved The Cog (Vic) Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the approval of the Metal Engineering On-Site Construction Agreement 2020-2023. This agreement, negotiated between the parties, aimed to govern the terms and conditions of employment for metal engineering workers within the construction sector. The application for approval was heard in the Fair Work Commission.

The primary legal issues before the court were whether the proposed agreement met the standards set out in the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. Specifically, the court needed to determine if the agreement was consistent with the Fair Work Act's objectives, which include promoting high levels of employment and industrial peace, and if it provided for a safety net of minimum terms and conditions.

The court found that the agreement was consistent with the Fair Work Act and its objectives. It provided for fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court also considered the views of the employees and the bargaining representatives of the parties. The agreement was found to adequately address the needs of the workforce while also providing for the efficient operation of the construction projects. As a result, the court approved the agreement.

The court's final order was the approval of the Metal Engineering On-Site Construction Agreement 2020-2023 between The Cog (Vic) Pty Ltd and the Australian Manufacturing Workers' Union. The agreement was deemed to provide for fair and reasonable terms and conditions for the employees, and it was consistent with the objectives of the Fair Work Act.

The Cog (Vic) 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