| [2024] FWCA 902 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
World Wide Welding Site Services Pty Ltd
(AG2024/569)
AMWU & WORLD WIDE WELDING SITE SERVICES PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’KEEFFE | BRISBANE, 12 MARCH 2024 |
Application for approval of the AMWU & World Wide Welding Site Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026.
An application has been made for approval of a greenfields agreement known as the AMWU & World Wide Welding Site Services Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by World Wide Welding Services Pty Ltd (the Applicant).
This is a greenfields agreement that meets the requirements of s.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 the Australian Manufacturing Workers’ Union (the 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.
Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.
I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523808 PR772286>
- AGLC
- World Wide Welding Site Services Pty Ltd [2024] FWCA 902
- Case
- [2024] FWCA 902
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The FWC had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the provisions of the Act and other relevant legislation. The FWC also needed to assess whether the agreement provided for the proper representation of employees and the protection of their rights.
In determining whether to approve the agreement, the FWC considered the submissions and evidence provided by the parties, as well as the relevant legal framework. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the provisions of the Act and other relevant legislation. However, the FWC also found that there were some issues with the agreement that needed to be addressed to ensure compliance with the Act and the protection of employees' rights. The FWC made several orders to amend the agreement to address these issues, including changes to the provisions relating to employee representation and the protection of employees' rights.
The FWC approved the Metal & Engineering On-Site Construction Agreement 2023-2026, subject to the amendments made by the FWC. The agreement will now provide for the fair and reasonable terms and conditions of employment for employees in the metal and engineering on-site construction industry, while also ensuring compliance with the provisions of the Act and the protection of employees' rights. The amendments made by the FWC will help to address any issues that may have arisen during the negotiation and drafting of the agreement, and will ensure that the agreement remains fair and reasonable for all parties involved.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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