DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randall Industries (Australia) Pty Ltd
(AG2015/678)

RANDALL INDUSTRIES (AUST) PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	SYDNEY, 1 APRIL 2015

Application for approval of the Randall Industries (Aust) Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Randall Industries (Aust) Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Randall Industries (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Randall Industries (Australia) Pty Ltd, an applicant, sought approval of a workplace agreement with the Australian Manufacturing Workers' Union (AMWU) for metal engineering on-site construction. The application was heard in the Fair Work Commission, where the key issue was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement covered the necessary minimum terms and conditions, was free from prohibited content, and complied with procedural requirements.

The court examined the proposed agreement's content and found it to encompass the essential minimum terms as prescribed by the Fair Work Act. The court also reviewed the agreement to ensure it did not include any prohibited content, such as terms that would undermine the safety and health of employees. The procedural compliance of the agreement was scrutinised to ensure that the necessary consultation processes with employees were followed correctly. The court found that the applicant had fulfilled all necessary procedural steps and that the agreement was free from prohibited content.

Having reviewed the agreement thoroughly, the Fair Work Commission concluded that the Randall Industries (Aust) Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 complied with the statutory requirements. The court approved the agreement, finding it to be fair and reasonable for the purposes of the Act. The applicant was granted the approval it sought, allowing the agreement to be registered and enforceable under the Fair Work Act.

Randall Industries (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established