World Wide Welding Site T/A World Wide Welding Site

[2022] FWCA 1266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

World Wide Welding Site T/A World Wide Welding Site

(AG2022/792)

AMWU & WORLD WIDE WELDING SITE Metal & Engineering On-Site Construction Agreement 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 11 APRIL 2022

Application for approval of the AMWU & WORLD WIDE WELDING SITE Metal & Engineering On-Site Construction Agreement 2020 - 2023

World Wide Welding Site T/A World Wide Welding Site (the Employer) has made an application for approval of a greenfields agreement known as the AMWU & WORLD WIDE WELDING SITE Metal & Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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 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 Australian Manufacturing Workers’ Union and that the Agreement covers this organisation.

The Agreement was approved on 11 April 2022 and, in accordance with s 54, will operate from 18 April 2022. 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 Australian Manufacturing Workers' Union (AMWU) and World Wide Welding Site, trading as World Wide Welding Site, were involved in an application before the Fair Work Commission (FWC) seeking approval of the Metal & Engineering On-Site Construction Agreement 2020 - 2023. The dispute centred on whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009, and whether it provided adequate protections and entitlements for employees. The FWC was tasked with determining if the agreement met the requirements for approval and if it was fair and reasonable for the employees involved.

The primary legal issues before the FWC were whether the proposed agreement was a "single interest employer agreement" as defined in section 227 of the Fair Work Act, and whether it complied with the relevant provisions of the Act. The FWC also had to consider whether the agreement provided appropriate minimum terms and conditions, and if it was free from any unfair content. The central question was whether the agreement was consistent with the principles of the Fair Work Act and whether it appropriately balanced the interests of both employers and employees.

The FWC found that the proposed agreement did indeed meet the criteria for a single interest employer agreement and was in compliance with the Fair Work Act. The FWC considered that the agreement provided appropriate minimum terms and conditions for employees and did not contain any unfair content. The FWC concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. Consequently, the FWC approved the Metal & Engineering On-Site Construction Agreement 2020 - 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established