MRK Engineering Pty Ltd T/A Shaweld Engineering

[2023] FWCA 2475

[2023] FWCA 2475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MRK Engineering Pty Ltd T/A Shaweld Engineering

(AG2023/2508)

AMWU & SHAWELD ENGINEERING METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2023

Application for approval of the AMWU & Shaweld Engineering Metal & Engineering On-Site Construction Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & Shaweld Engineering 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 MRK Engineering Pty Ltd T/A Shaweld Engineering. The Agreement is a single enterprise agreement.

1. The notification time for the Agreement under s.173(2) was 19 June 2023 and the Agreement was made on 13 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

<AE521044  PR765030>