Hi Rise Access Pty Ltd

[2024] FWCA 1645

[2024] FWCA 1645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hi Rise Access Pty Ltd

(AG2024/1339)

AMWU AND HI RISE ACCESS PTY LTD METAL ENGINEERING MELBOURNE METRO TUNNEL AND STATIONS PROJECT AGREEMENT 2023 - 2025

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 6 MAY 2024

Application for approval of the AMWU and Hi Rise Access Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025.

1. An application has been made for approval of a greenfields agreement known as the AMWU and Hi Rise Access Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2023-2025. (the Agreement). The application was made by Hi Rise Access Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

1. On 30 April 2024, my Chambers sent correspondence to the parties noting that clause 26 of the Agreement appeared to mention trainees, which are contemplated by the Manufacturing and Associated Industries and Occupations Award 2020, but that rates of pay for trainees were not provided in the Agreement. I sought submissions regarding whether the employer intended to employ trainees under the Agreement and if so, how trainees can be considered better off overall under the Agreement.

1. On 2 May 2024, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), on behalf of the Employer who was included in the email, advised my Chambers that trainees are not engaged by the employer and will not be engaged by the employer throughout the life of the Agreement. I am satisfied for the purpose of s.193A(6) of the Act that trainees are not a type of employment that is reasonably foreseeable and therefore relevant for the better off overall test.

1. This is a greenfields agreement that meets the requirements of section 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 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

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