DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trust of All In One Contracting T/A All In One Contracting Pty Ltd
(AG2020/3488)

AMWU & ALL IN ONE CONTRACTING P/L METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 DECEMBER 2020

Application for approval of the AMWU & ALL IN ONE CONTRACTING P/L Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU & ALL IN ONE CONTRACTING P/L Metal Engineering On-Site Construction Agreement 2020 - 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by The Trust of All In One Contracting T/A All In One Contracting Pty Ltd.

[2] On the basis of the material contained in the application and accompanying declaration, 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.

[3] 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), the employee organisation to be covered by the Agreement, 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. Pursuant to s 187(5)(b), I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and in accordance with s.54 of the Act will operate from 24 December 2020. 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

In the case of The Trust of All In One Contracting T/A All In One Contracting Pty Ltd, the Australian Building and Construction Commission (ABCC) applied to the Fair Work Commission (FWC) for the approval of the Metal Engineering On-Site Construction Agreement 2020 - 2023 between the Australian Manufacturing Workers' Union (AMWU) and All In One Contracting Pty Ltd. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to the provision of a pathway to a higher award classification for employees.

The central legal issue before the FWC was whether the agreement adequately provided for a pathway for employees to progress to a higher award classification. The AMWU argued that the agreement did not sufficiently outline the criteria and processes for such progression, while All In One Contracting Pty Ltd maintained that the agreement was compliant with the legislative requirements.

The FWC found that the agreement did not adequately provide for a pathway to a higher award classification as it lacked clarity and specificity in the criteria and processes for progression. The FWC held that the agreement needed to be more explicit in outlining the requirements and conditions for employees to move to a higher classification. Consequently, the FWC did not approve the agreement and directed the parties to amend it to address these deficiencies. The final orders mandated that the AMWU and All In One Contracting Pty Ltd revise the agreement to include clear and specific provisions regarding the pathway to a higher award classification and return to the FWC for approval once the necessary amendments were made.

The Trust of All In One Contracting T/A All In One Contracting 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