Randall Industries (Aust) Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and Randall Industries (Aust) Pty Ltd, titled the Metal & Engineering On-Site Construction Agreement 2023 - 2026. The application was made by the AMWU on behalf of the employees of Randall Industries (Aust) Pty Ltd, and Randall Industries (Aust) Pty Ltd opposed the application. The dispute centred around the terms and conditions of employment contained in the proposed agreement, particularly those concerning wages, hours of work, and other related employment matters.

The legal issues that the Fair Work Commission had to decide included whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a simple or certified agreement, and if it was a certified agreement, whether it contained the essential elements mandated by the Act. The Commission also had to determine if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment.

In considering the application, the Fair Work Commission examined the provisions of the proposed agreement, including the process by which it was negotiated, and whether it contained all the mandatory terms required by the Fair Work Act. The Commission determined that the agreement was a certified agreement and assessed whether it included all the mandatory terms as well as any other provisions that were necessary for it to be approved. The Commission found that the agreement met the statutory requirements and was made in good faith. It concluded that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Metal & Engineering On-Site Construction Agreement 2023 - 2026, setting out the terms and conditions of employment for the employees of Randall Industries (Aust) Pty Ltd. The agreement was to be in effect from the date of the Commission's approval and would remain in force until the expiration date of 30 June 2026, or until terminated earlier in accordance with the terms of the agreement.

Randall Industries (Aust) Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established