DECISION

Fair Work Act 2009
s.185—Enterprise agreement

U.S.I Pty Ltd
(AG2014/11027)

USI PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 10 FEBRUARY 2015

Application for approval of the USI PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the USI PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by U.S.I Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from U.S.I Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

U.S.I. Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement, the USI PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on several provisions in the agreement, including those relating to employee entitlements, work conditions, and dispute resolution mechanisms.

The legal issues before the commission included whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it complied with the "better off overall test" under the Fair Work Act, and if the agreement was fairly negotiated. The commission had to examine each contested clause in the context of the relevant statutory provisions and consider the arguments presented by both parties. The primary focus was on whether the agreement provided employees with terms and conditions that were no worse than those provided by the applicable award or previous enterprise agreement.

The commission determined that the agreement satisfied the statutory requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions, met the better off overall test, and was fairly negotiated. The commission emphasised that the agreement included provisions that were advantageous to employees, such as improved leave entitlements and clearer dispute resolution processes. The commission also noted the absence of any evidence suggesting that the agreement was not genuinely negotiated or that it contained terms that were manifestly unfair.

The commission approved the USI PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014, rejecting the AMWU's objections. The decision was based on the comprehensive analysis of the agreement's provisions and the evidence presented during the hearing. The approval of the agreement allows it to come into effect and govern the employment terms and conditions of the relevant employees.

U.S.I Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established