Ragona Engineering Australia

[2023] FWCA 2769

[2023] FWCA 2769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ragona Engineering Australia

(AG2023/2765)

AMWU & RAGONA ENGINEERING AUSTRALIA METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 29 AUGUST 2023

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

1. An application has been made for approval of a greenfields agreement known as the AMWU & Ragona Engineering Australia Metal & Engineering On-Site Construction Agreement 2023 - 2026 (Agreement). The application was made by Ragona Engineering Australia pursuant to s.185 of the Fair Work Act 2009 (FW Act).

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. Question 2.1 of the Form F20 provides that the Agreement was made on 8 August 2023.

1. The Agreement meets the requirements of s.172(2)(b) of the FW Act. I am satisfied that each of the requirements of sections 186 and 187 of the FW Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the FW Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (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 FW Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 5 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE521311  PR765640>