Randall Industries (Aust) Pty Ltd

[2023] FWCA 3024

[2023] FWCA 3024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Randall Industries (Aust) Pty Ltd

(AG2023/3173)

AMWU & RANDALL INDUSTRIES (AUST) PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the AMWU & Randall Industries (Aust) Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. Randall Industries (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & Randall Industries (Aust) Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. While the application is generally in order, the notice of employee representational rights (NERR) provided to all employees was not in the prescribed form. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

1. 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.

1. 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. As required by 201(2), I note that the Agreement covers the AMWU.

1. The Agreement was approved on 19 September 2023 and, in accordance with s 54, it will operate from 26 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

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