DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Welding Inspections ‘R’ Us Pty Ltd
(AG2016/6435)

WELDING INSPECTIONS ‘R’ US PTY LTD UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2016

Application for approval of the Welding Inspections ‘R’ Us Pty Ltd Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the Welding Inspections ‘R’ Us Pty Ltd Union Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Welding Inspections ‘R’ Us Pty Ltd.

[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) is 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 Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) 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 this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Welding Inspections ‘R’ Us Pty Ltd sought approval of their Union Collective Agreement 2014 from the Australian Industrial Relations Commission. The dispute centred on whether the agreement was compliant with the Fair Work Act 2009 and relevant regulations. The Commission was tasked with determining if the agreement adhered to procedural requirements and substantive provisions, including whether it contained any unfair or unreasonable terms.

The central legal issue was the validity of the Union Collective Agreement 2014 under the Fair Work Act 2009. The court examined whether the agreement had been properly negotiated, if it complied with the prescribed procedural requirements, and whether it contained any provisions that were unfair or unreasonable. Additionally, the court assessed whether the agreement contained terms that were necessary for the protection of employees or the efficient operation of businesses.

In its decision, the Commission found that the agreement was negotiated in good faith and adhered to the necessary procedural requirements. The court concluded that the terms of the agreement were fair and reasonable, considering the balance of interests between the employer and employees. It determined that the agreement was necessary for the protection of employees and the efficient operation of businesses. Consequently, the Commission approved the Welding Inspections ‘R’ Us Pty Ltd Union Collective Agreement 2014.

The final orders of the Commission were that the Union Collective Agreement 2014 was approved as compliant with the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it would be in effect from the date of approval. This decision resolved the dispute, allowing the agreement to be implemented without further legal challenge regarding its procedural and substantive validity.

Welding Inspections ‘R’ Us 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