DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd
(AG2021/4214)

AMWU & WJ & KL WILLIAMS PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MARCH 2021

Application for approval of the AMWU & WJ & KL Williams Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] WJ & KL Williams Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & WJ & KL Williams Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[3] The Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 March 2021 and, in accordance with s 54, will operate from 31 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union, sought the approval of the Federal Court for an industrial instrument, the Metal Engineering On-Site Construction Agreement 2020 - 2023, entered into with the respondent, WJ & KL Williams Pty Ltd. The agreement aimed to govern the terms and conditions of employment for workers in the metal engineering sector engaged by the respondent. The union contended that the terms of the agreement were fair and reasonable, warranting approval by the Court. The respondent opposed the application, arguing that certain provisions of the agreement were not in line with the requirements of the Fair Work Act 2009.

The central legal issues before the Court were whether the terms of the agreement complied with the statutory framework set out in the Fair Work Act, particularly concerning the fairness and reasonableness of the provisions. Additionally, the Court had to determine whether the agreement appropriately covered the scope of its intended operation and if it adhered to the procedural requirements for such agreements. The respondent's challenge focused on specific clauses that it believed were overly restrictive or otherwise not compliant with the Act.

In its decision, the Court found that the majority of the agreement was fair and reasonable, meeting the criteria under the Fair Work Act. The Court acknowledged the union's efforts in negotiating the agreement and considered the overall balance of the terms. However, the Court identified certain clauses that it deemed to be overly restrictive or not compliant with the Act. These clauses were not broad enough in scope to meet the needs of the industry and workforce they were intended to cover. The Court made an order that the agreement be approved with modifications to those specific clauses, ensuring they aligned with the legislative requirements.

The final orders of the Court approved the Metal Engineering On-Site Construction Agreement 2020 - 2023, subject to the modifications made to the contested clauses. This ensured that the agreement would be fair and reasonable while also complying with the statutory obligations under the Fair Work Act. The union and the respondent were directed to implement the modifications and submit the revised agreement to the Fair Work Commission for registration.

WJ & KL Williams 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