Randall Industries (Australia) Pty Ltd

[2022] FWCA 3083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Randall Industries (Australia) Pty Ltd

(AG2022/3534)

AMWU AND RANDALL INDUSTRIES (AUST) PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 6 SEPTEMBER 2022

Application for approval of the AMWU AND RANDALL INDUSTRIES (AUST) PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022

Randall Industries (Australia) Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU AND RANDALL INDUSTRIES (AUST) PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of s 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 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.

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

The Agreement was approved on 6 September 2022 and, in accordance with s 54, will operate from 13 September 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an industrial agreement between the Australian Manufacturing Workers' Union (AMWU) and Randall Industries (Australia) Pty Ltd. The agreement pertained to the Metal Engineering aspect of the Melbourne Metro Tunnel and Stations Project, spanning from 2018 to 2022. The application was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The legal issues before the Commission centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, did not undermine the capacity of industrial action, and was consistent with the principles of the National Workplace Relations System.

In reaching its decision, the Commission assessed the terms of the agreement against the statutory criteria. It found that the proposed agreement provided for fair and reasonable terms and conditions, included appropriate dispute resolution mechanisms, and did not undermine the capacity of industrial action. The Commission concluded that the agreement was in the best interests of the employees and was consistent with the broader principles of the National Workplace Relations System. Consequently, the Commission approved the agreement.

The Fair Work Commission granted approval for the AMWU and Randall Industries (Australia) Pty Ltd Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 - 2022, finding it to be in the best interests of the employees and compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established