DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randall Industries (Australia) Pty Ltd
(AG2015/2255)

AMWU AND THE RANDALL INDUSTRIES (AUST) PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 MARCH 2015

Application for approval of the AMWU and the Randall Industries (Aust) Pty Ltd Collective Bargaining Workshop Agreement 2014.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 1 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of a collective bargaining agreement between itself and Randall Industries (Australia) Pty Ltd, as per the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the union asserting that the proposed agreement would serve as a fair and equitable framework for the employees of Randall Industries. The company opposed the application, raising concerns about the potential impact on its business operations and the fairness of the proposed terms.

The central legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act, specifically whether it was a genuine enterprise agreement, whether it included all necessary terms and conditions, and whether it was fair and reasonable in all its aspects. The Commission had to assess whether the agreement provided for appropriate mechanisms for resolving disputes, if it contained adequate provisions for employee protection, and if it complied with the statutory requirements for approval.

The Commission found that the proposed agreement was a genuine enterprise agreement, as it was negotiated in good faith and covered the necessary terms and conditions. It determined that the agreement included all required provisions for resolving disputes, such as mechanisms for conciliation and arbitration, and that it provided adequate protection for employees, including provisions for minimum wages and conditions. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. Consequently, the application for approval was successful.

As a result of the Commission's determination, the AMWU and Randall Industries (Aust) Pty Ltd Collective Bargaining Workshop Agreement 2014 was approved and registered under the Fair Work Act. The agreement now serves as a binding framework for the employment conditions of the workers at Randall Industries, establishing terms and conditions that both parties must adhere to. This decision underscores the importance of collective bargaining in achieving fair and equitable outcomes for employees and employers alike.

Randall Industries (Australia) 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