DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & R Ragona Family Trust T/A Ragona Engineering Australia
(AG2016/1652)

RAGONA ENGINEERING AUSTRALIA AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 JULY 2016

Application for approval of the RAGONA ENGINEERING AUSTRALIA and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RAGONA ENGINEERING AUSTRALIA 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 the D & R Ragona Family Trust T/A Ragona Engineering Australia. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. 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 case involved an application for the approval of the Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2014. The applicant, Ragona Engineering Australia, sought the approval of this agreement from the Fair Work Commission, which was granted. The Australian Manufacturing Workers' Union (AMWU) contested the application. The matter was heard by the Fair Work Commission in the Federal Circuit Court of Australia.

The central legal issue was whether the agreement provided a safety net of minimum entitlements for employees, was sufficiently specific in its terms, and aligned with the purpose of the Fair Work Act 2009. The court examined whether the agreement met the criteria for approval under section 234 of the Act, including whether it provided for a safety net of minimum terms and conditions and was specific enough to be effective. The AMWU argued that the agreement did not adequately protect employee entitlements and was not sufficiently specific.

The Fair Work Commission found that the agreement did provide a safety net of minimum terms and conditions, as it established clear and comprehensive provisions for wages, hours of work, and other employment conditions. The court determined that the agreement was sufficiently specific and aligned with the purpose of the Fair Work Act, which is to create a balanced framework for productive workplace relations. Consequently, the application for approval was granted.

The Fair Work Commission approved the Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2014, thereby resolving the dispute between the parties. The decision affirmed that the agreement met the statutory requirements for approval and provided adequate protections for employees. The court's ruling allowed the agreement to take effect, ensuring that the terms and conditions set out in the agreement would govern the employment relationship between Ragona Engineering Australia and the AMWU.

D & R Ragona Family Trust T/A Ragona Engineering Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established