DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd
(AG2019/1300)

WJ AND KL WILLIAMS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 MAY 2019

Application for approval of the WJ and KL Williams Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the WJ and KL Williams Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WJ & KL Williams Pty 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 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

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) sought approval for a proposed enterprise agreement between WJ & KL Williams Pty Ltd and its employees. The dispute centred on whether the proposed agreement complied with the provisions of the Fair Work Act 2009. The AMWU argued that the agreement was fair and reasonable, while WJ & KL Williams Pty Ltd contested its approval, raising concerns about the agreement's impact on business operations and the procedural fairness of the negotiation process.

The legal issues before the Commission involved whether the proposed agreement met the criteria for approval under section 232 of the Fair Work Act. These included whether the agreement provided for fair and reasonable terms and conditions, whether it was negotiated in good faith, and whether it complied with the procedural fairness requirements. Additionally, the Commission had to determine whether the proposed agreement contained mandatory terms that were not prohibited by the Act.

The Commission examined the terms of the proposed agreement and the process by which it was negotiated. It found that the agreement provided for fair and reasonable terms and conditions, considering the specific circumstances of the parties. The Commission also concluded that the agreement was negotiated in good faith and that the procedural fairness requirements were met. Regarding the mandatory terms, the Commission determined that the proposed agreement did not contain any terms that were prohibited by the Act. Consequently, the Commission approved the proposed agreement, finding it to be fair and reasonable. The approval was subject to specific conditions to ensure ongoing compliance with the Fair Work Act and to facilitate effective implementation of the agreement.

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