| [2021] FWCA 3146 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Randall Industries (Aust) Pty Ltd
(AG2021/5283)
AMWU & RANDALL INDUSTRIES (AUST) PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 JUNE 2021 |
Application for approval of the AMWU & Randall Industries (Aust) Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.
[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 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] 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.
[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.
[4] The Australian Manufacturing Workers’ Union, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
[5] The Agreement was approved on 1 June 2021 and, in accordance with s 54, will operate from 8 June 2021. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
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- AGLC
- Randall Industries (Aust) Pty Ltd [2021] FWCA 3146
- Case
- [2021] FWCA 3146
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions. This included assessing whether the agreement provided for adequate minimum wages, hours of work, and other employment conditions that were fair and reasonable in all respects. Additionally, the Commission had to determine if the agreement met the procedural requirements for its approval, including whether the agreement was made in good faith and without coercion.
The Commission, after reviewing the proposed agreement and considering submissions from both parties, found that the agreement met the statutory requirements. The agreement provided for minimum wages and conditions that were fair and reasonable, taking into account the economic environment and the bargaining positions of the parties. The Commission also determined that the agreement had been made in good faith and without any procedural defects. Consequently, the Commission approved the Metal Engineering On-Site Construction Agreement 2020-2023, effective from the date of the decision.
The Fair Work Commission's decision concluded that the proposed agreement was fair and reasonable and met all the necessary statutory requirements for approval. The agreement was thus approved and will govern the employment conditions of the relevant employees for the specified period.
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Background
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