DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd
(AG2021/4611)

AMWU & FREDERICKS FABRICATIONS PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 APRIL 2021

Application for approval of the AMWU & FREDERICKS FABRICATIONS PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] Fredericks Fabrications 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 and FREDERICKS FABRICATIONS 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 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

In the Federal Circuit Court of Australia, the case between the Australian Manufacturing Workers' Union (AMWU) and Fredericks Fabrications Pty Ltd, trading as Fredericks Fabrications, was presented. The dispute centred around the application for approval of the Metal Engineering On-Site Construction Agreement 2020-2023, which sought to establish a collective agreement between the AMWU and Fredericks Fabrications. The AMWU argued for the approval of the agreement, asserting its compliance with the relevant industrial legislation, while Fredericks Fabrications contested the approval, claiming that the agreement did not meet the necessary requirements.

The court had to determine whether the application for approval of the Metal Engineering On-Site Construction Agreement met the legal criteria under the relevant industrial laws. Specifically, the court examined whether the agreement was properly negotiated and whether it provided for a fair and equitable resolution of the industrial dispute. Furthermore, the court assessed the procedural fairness of the application process and whether it adhered to the legislative framework.

The Federal Circuit Court found that the Metal Engineering On-Site Construction Agreement was properly negotiated and met the requirements of the Fair Work Act 2009. The court held that the agreement was fair and equitable, as it balanced the interests of both parties and provided for a clear resolution of the industrial dispute. Additionally, the court determined that the application process was procedurally fair and compliant with the legislative requirements. Consequently, the court approved the Metal Engineering On-Site Construction Agreement 2020-2023.

The court ordered the approval of the Metal Engineering On-Site Construction Agreement 2020-2023, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms and conditions. This decision provided clarity and legal certainty for the AMWU and Fredericks Fabrications, ensuring a fair and equitable resolution of their industrial dispute.

The Trustee for Fredericks Family Trust T/A Fredericks Fabrications 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