DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randall Industries (Aust) Pty Ltd
(AG2021/5289)

AMWU AND RANDALL INDUSTRIES (AUST) P/L COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2021

Application for approval of the AMWU and Randall Industries (Aust) P/L Collective Bargaining Workshop Agreement 2020.

[1] Randall Industries (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU and Randall Industries (Aust) P/L Collective Bargaining Workshop Agreement 2020 (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), I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 May 2021 and, in accordance with s 54, will operate from 4 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Randall Industries (Aust) Pty Ltd applied to the Fair Work Commission for approval of a Collective Bargaining Workshop Agreement with the Australian Manufacturing Workers’ Union. The company, a manufacturer of industrial components, sought to establish a framework for future negotiations and to address certain workplace issues. The AMWU, representing the company’s employees, had entered into negotiations with the company to develop this agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in section 234 of the Fair Work Act. Specifically, the Commission needed to assess if the agreement was a genuine outcome of genuine collective bargaining between the parties. The Commission also had to consider whether the agreement was in the best interests of the employees and the company. Furthermore, the Commission examined if the agreement provided for a fair and efficient process for resolving future disputes and for the protection of employees’ rights.

The Fair Work Commission found that the agreement was a genuine outcome of collective bargaining and met the statutory criteria. The Commission noted that the agreement provided for a structured process for future negotiations, which was in the best interests of both parties. The agreement included provisions for dispute resolution mechanisms that were fair and efficient. The Commission concluded that the agreement would protect employees’ rights and facilitate effective industrial relations between the company and the union. As a result, the Commission approved the proposed Collective Bargaining Workshop Agreement. The final orders of the Commission were that the agreement be approved and registered with the Fair Work Commission.

Randall Industries (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established