Randall Industries (Australia) Pty Ltd Summary

[2023] FWCA 3049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Randall Industries (Australia) Pty Ltd

(AG2023/3166)

THE AMWU AND RANDALL INDUSTRIES (AUST) PTY LTD COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 20 SEPTEMBER 2023

Application for approval of The AMWU and Randall Industries (Aust) Pty Ltd Collective Bargaining Workshop Agreement 2023

An application has been made for approval of an enterprise agreement known as The AMWU and Randall Industries (Aust) Pty Ltd Collective Bargaining Workshop Agreement 2023 (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.

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.

I note at Clause 4.1 the Agreement provides a commencement date of 1 July 2023. I raised this incompatibility with s 54(1) of the Act with the parties, who agreed the commencement date of the Agreement will be seven days after approval.

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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 September 2023.

The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers' Union (AMWU) and Randall Industries (Australia) Pty Ltd recently approached the Fair Work Commission for approval of their proposed Collective Bargaining Workshop Agreement 2023. This application sought to formalise the terms of employment between the union and the employer, covering aspects such as wages, conditions, and dispute resolution mechanisms. The nature of the dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining.

The legal issues before the Commission primarily revolved around the validity of the agreement in terms of its compliance with the legislative framework. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and if it appropriately reflected the principles of good faith bargaining. Additionally, the Commission had to assess if the agreement was genuinely negotiated and if it provided adequate protections for employees while balancing the interests of the employer.

The Fair Work Commission examined the agreement in detail, focusing on its provisions, the negotiation process, and the overall fairness and reasonableness of the terms. The Commission found that the agreement was the product of genuine negotiations between the parties and that it provided for fair and reasonable terms and conditions of employment. It was concluded that the agreement met the statutory requirements and adhered to the principles of good faith bargaining. Consequently, the Commission approved the agreement, recognising its compliance with the legislative standards and its balanced approach to the interests of both employers and employees.

The final orders of the Commission approved the AMWU and Randall Industries (Aust) Pty Ltd Collective Bargaining Workshop Agreement 2023, confirming its validity and mandating its implementation. The decision underscored the importance of adhering to the statutory requirements and the principles of good faith bargaining in collective agreements. This ruling provides clarity for both parties and sets a precedent for future collective bargaining agreements within the jurisdiction.

Randall Industries (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established