DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd T/A Williams Steel
(AG2015/5226)

AMWU AND THE WJ & KL WILLIAMS PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2015

Application for approval of the AMWU and the WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2014 (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 T/A Williams Steel. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 21 October 2015 and, in accordance with s.54, will operate from 28 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought the court's approval for a collective bargaining workshop agreement with WJ & KL Williams Pty Ltd, a steel company. The agreement aimed to regulate the terms and conditions of employment for employees within the company. The dispute centred around the validity and enforceability of the proposed agreement, given certain statutory requirements and the union's authority to enter into such agreements on behalf of its members.

The primary legal issues the court needed to address were whether the AMWU had the necessary authority to negotiate and enter into the agreement on behalf of its members and whether the agreement itself complied with the relevant statutory provisions, including the Fair Work Act 2009. The court had to scrutinise the process through which the agreement was reached and whether it adhered to the procedural requirements set out in the legislation.

In reaching its decision, the court considered the authority of the AMWU to represent its members in the negotiation and execution of the agreement. It examined the evidence provided regarding the union's recognition as a relevant organisation and the manner in which the agreement was formulated. The court also assessed whether the agreement met the criteria for approval under the Fair Work Act, including its alignment with the statutory framework and its overall fairness to the employees. Ultimately, the court determined that the AMWU had the requisite authority and that the agreement complied with the necessary statutory requirements, thereby granting the application for approval.

The court ordered the approval of the AMWU and the WJ & KL Williams Pty Ltd Collective Bargaining Workshop Agreement 2014. This decision affirmed the agreement's validity and enforceability, allowing it to govern the employment terms and conditions for the employees of WJ & KL Williams Pty Ltd as intended.

WJ & KL Williams Pty Ltd T/A 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