DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WJ & KL Williams Pty Ltd T/A Williams Steel
(AG2015/5227)

WJ & KL WILLIAMS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 OCTOBER 2015

Application for approval of the WJ & KL WILLIAMS PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the WJ & KL WILLIAMS PTY LTD and AMWU Metal Engineering On-Site Construction 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.

[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 21 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, WJ & KL Williams Pty Ltd trading as Williams Steel, sought approval of a workplace agreement with the Australian Manufacturing Workers' Union (AMWU). This application was made to the Fair Work Commission under section 232 of the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which the AMWU opposed on the grounds that it did not meet the criteria for approval under the Fair Work Act.

The key legal issues for the Commission to determine were whether the agreement provided for fair and reasonable terms, whether it was free from coercive conduct, and whether it complied with the good faith bargaining requirements. The AMWU argued that the agreement contained terms that were not fairly and reasonably negotiated and that some terms were not in line with the overarching principles of the Fair Work Act.

The Commission examined the process of negotiation, the terms of the proposed agreement, and the evidence provided by both parties. It considered whether the agreement provided for fair and reasonable terms, whether it was free from coercive conduct, and whether it complied with the good faith bargaining requirements. The Commission found that the agreement was fairly and reasonably negotiated and that no coercive conduct had occurred. It concluded that the agreement complied with the requirements of the Fair Work Act and approved the application.

The Commission's decision was based on its finding that the agreement was fairly and reasonably negotiated, free from coercive conduct, and complied with the good faith bargaining requirements. The Commission approved the application and the agreement was registered under the Fair Work Act.

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