DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Western Sheetmetal lnsulation & Asbestos Removal Ply Ltd
(AG2018/5488)

WESTERN SHEETMETAL INSULATION & ASBESTOS REMOVAL PTY LTD AND THE AMWU / AWU (ALTONA AREA) AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 22 MARCH 2019

Application for approval of the Western Sheetmetal Insulation & Asbestos Removal Pty Ltd and the AMWU / AWU (Altona Area) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Western Sheetmetal Insulation & Asbestos Removal Pty Ltd and the AMWU / AWU (Altona Area) Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Western Sheetmetal lnsulation & Asbestos Removal Ply Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Western Sheetmetal Insulation & Asbestos Removal Pty Ltd recently sought the approval of a registered agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers' Union (AWU) as parties to the agreement. The dispute arose from the negotiation and subsequent drafting of the Western Sheetmetal Insulation & Asbestos Removal Pty Ltd and the AMWU / AWU (Altona Area) Agreement 2018, which aimed to establish the terms and conditions of employment for the company's workers.

The primary legal issue before the Commission was whether the agreement met the formal requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it complied with the formal requirements, including the provision of necessary information and the opportunity for proper consultation. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees it covered.

In delivering the decision, the Commission emphasised the importance of genuine negotiation and proper consultation in the agreement-making process. The Commission examined the evidence provided by the parties regarding the negotiation process and the consultation conducted. It found that while the agreement was the result of genuine negotiations and the parties had made efforts to consult with employees, there were shortcomings in the consultation process. Despite these shortcomings, the Commission concluded that the agreement was in the best interests of the employees, taking into account the overall benefits it provided. The Commission approved the agreement, noting that the benefits to employees outweighed the procedural deficiencies.

The final orders of the Commission included the approval of the agreement, subject to certain conditions to ensure compliance with the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission and would then become a registered agreement under the Act, governing the terms and conditions of employment for the relevant employees.

Western Sheetmetal lnsulation & Asbestos Removal Ply Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established