DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Fredericks Family Trust T/A Fredericks Fabrications Pty Ltd
(AG2021/4614)

AMWU AND FREDERICKS FABRICATION PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 21 APRIL 2021

Application for approval of the AMWU and Fredericks Fabrication Pty Ltd Metals Labour Hire Agreement 2019-2023.

[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 Fabrication Pty Ltd Metals Labour Hire Agreement 2019-2023 (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

The case involves an application for the approval of an agreement between the Australian Manufacturing Workers' Union (AMWU) and Fredericks Fabrication Pty Ltd (Fredericks Fabrication), known as the Metals Labour Hire Agreement 2019-2023. The matter was heard in the Fair Work Commission, presided over by Commissioner Hine. The central issue before the court was whether the proposed agreement was in the interests of the employees and the broader community, as required by the Fair Work Act 2009. The court had to determine if the agreement adequately addressed the rights, obligations, and entitlements of the employees covered by the agreement.

The legal issues that the court needed to resolve included whether the agreement provided appropriate protections for employees, ensured fair wages and conditions, and balanced the interests of the employer and employees. The court also had to consider the fairness of the agreement in terms of its impact on employees' rights, particularly in light of the union's role in negotiating the agreement. The court's analysis involved assessing the provisions of the agreement against relevant legislative standards and ensuring that it complied with the principles of good faith bargaining and fairness.

The court found that the agreement was in the interests of the employees and the broader community, as it provided a fair and balanced set of terms and conditions for the employees. The agreement included provisions that ensured fair wages, reasonable working hours, and appropriate protections for employees. The court was satisfied that the union had acted in good faith during the negotiation process and that the agreement reflected a fair outcome for all parties involved. The court approved the agreement, recognising its benefits for both employees and the employer.

The final orders of the court included the approval of the Metals Labour Hire Agreement 2019-2023 between the AMWU and Fredericks Fabrication Pty Ltd. The court's decision was based on its finding that the agreement was fair and balanced, and it met the legislative requirements for approval. The court's approval of the agreement ensures that the terms and conditions of employment for the covered employees are governed by a fair and effective set of rules, benefiting both the employees and the employer.

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