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

[2020] FWCA 5372

[2020] FWCA 5372

FAIR WORK COMMISSION

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

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Annexure A