DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for All In One Contracting Unit Trust T/A AIO Contracting Pty Ltd
(AG2020/2835)

AMWU AND AIO CONTRACTING PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 8 OCTOBER 2020

Application for approval of the AMWU AND AIO CONTRACTING PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the AMWU AND AIO CONTRACTING PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (the Agreement). The application was made by The Trustee for All In One Contracting Unit Trust T/A AIO Contracting Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (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) are 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 October 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Australian Manufacturing Workers' Union (AMWU) and AIO Contracting Pty Ltd for approval of an industrial agreement. The case was heard by the Fair Work Commission (FWC). The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for workers engaged under the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022. The AMWU and AIO Contracting argued that the agreement was fair and reasonable, while concerns were raised about potential impacts on workers' rights and conditions.

The legal issues the FWC was required to decide included whether the agreement provided for fair and reasonable terms and conditions of employment, if it met the requirements for enterprise agreements under the Fair Work Act, and whether it appropriately balanced the interests of both employers and employees. The FWC also had to assess if the agreement provided adequate protections for workers and if it complied with the principles of good faith bargaining and procedural fairness.

In delivering its decision, the FWC examined the provisions of the agreement in detail, considering evidence from both parties and relevant legal principles. The FWC found that the agreement was generally fair and reasonable, providing adequate protections for workers and meeting the statutory requirements. The FWC acknowledged the complexity of the project and the need for flexibility in the agreement, but it emphasised that this should not come at the expense of workers' rights. The FWC concluded that the agreement was in the best interests of the workers, and it approved the agreement on the terms proposed.

The final orders of the FWC approved the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 as a registered agreement under the Fair Work Act, effective from the date of the decision. The approval was subject to certain conditions, including ongoing monitoring to ensure compliance with the agreement and the Fair Work Act.

The Trustee for All In One Contracting Unit Trust T/A AIO 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