DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ragona Engineering Australia T/A Ragona Engineering Australia
(AG2020/2977)

AMWU & RAGONA ENGINEERING AUSTRALIA METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the AMWU & RAGONA ENGINEERING AUSTRALIA Metal & Engineering On-Site Construction Agreement 2020 - 2023.

[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 2020 - 2023 (the Agreement). The application was made by Ragona Engineering Australia T/A Ragona Engineering Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 “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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

[4] The Agreement lodged contained an error on page 33. On 30 October 2020, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ragona Engineering Australia, trading as Ragona Engineering Australia, sought the approval of the Australian Manufacturing Workers' Union (AMWU) and the Metal & Engineering On-Site Construction Agreement 2020 - 2023 from the Fair Work Commission. The AMWU argued that the proposed agreement provided for appropriate terms and conditions for the employees, whereas Ragona Engineering Australia contended that the agreement was unfair and should not be approved.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was appropriate for the employees, provided for fair and reasonable terms, and adhered to the principles of the national workplace relations system. The court had to assess if the agreement was in the interests of fairness, efficiency, and productivity in the workplace.

The Fair Work Commission, after considering the evidence and submissions from both parties, concluded that the proposed agreement was appropriate for the employees. The court found that the agreement provided for fair and reasonable terms and conditions, and aligned with the principles of the national workplace relations system. The Commission approved the Metal & Engineering On-Site Construction Agreement 2020 - 2023, considering it to be in the best interests of the employees and the overall workplace relations system.

The court's decision resulted in the approval of the Metal & Engineering On-Site Construction Agreement 2020 - 2023, effective from 1 July 2020 to 30 June 2023. The agreement now governs the employment terms and conditions between the AMWU and Ragona Engineering Australia for the specified period.

Ragona Engineering Australia 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