DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Williams Steel
(AG2019/1298)

WILLIAMS STEEL AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 MAY 2019

Application for approval of the Williams Steel and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of a greenfields agreement known as the Williams Steel and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made by Williams Steel pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 “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] Pursuant to s.53(2)(b) of the Act 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Williams Steel and the Australian Manufacturing Workers' Union (AMWU) sought court approval for the Williams Steel and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, which aimed to establish terms and conditions for construction workers employed by Williams Steel. The application was brought before the Fair Work Commission (FWC) to ensure the agreement complied with the Fair Work Act 2009 (Cth) and was in the best interests of the employees.

The central legal issue before the FWC was whether the agreement met the criteria for approval under section 233 of the Fair Work Act. This required the FWC to consider if the agreement contained all the minimum terms prescribed by the relevant award, whether the agreement was in the best interests of the employees, and if any relevant independent body had certified the agreement. The FWC also needed to ensure that the agreement did not undermine the right to freedom of association and the right to bargain collectively, and that it was not inconsistent with the provisions of the Act.

In its reasoning, the FWC examined the contents of the proposed agreement against the statutory requirements. It found that the agreement included all the minimum terms specified by the Metal Engineering and Shipbuilding Award 2010, and that it was in the best interests of the employees as it provided fair and reasonable terms. The FWC also noted that the agreement did not undermine the right to freedom of association and collective bargaining, nor did it contravene any provisions of the Fair Work Act. Based on these findings, the FWC approved the agreement, considering it met all the necessary criteria for endorsement.

The final orders of the FWC were that the Williams Steel and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 was approved as a certified agreement under section 233 of the Fair Work Act, effective from the date of the decision.

Williams Steel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established