Renold Australia Pty Ltd T/A Renold Australia Pty Ltd
[2023] FWCA 2083
•6 JULY 2023
| [2023] FWCA 2083 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Renold Australia Pty Ltd T/A Renold Australia Pty Ltd
(AG2023/1955)
RENOLD AUSTRALIA - MULGRAVE FACTORY - ENTERPRISE AGREEMENT 2023
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 6 JULY 2023 |
Application for approval of the Renold Australia - Mulgrave Factory - Enterprise Agreement 2023
Introduction
Renold Australia Pty Ltd Trading As Renold Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Renold Australia - Mulgrave Factory - Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.
Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.
Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 6 June 2023.
Explanation of terms of the Agreement
The Employer explained the terms of the Agreement to employees on the day of the vote but not during the access period, therefore the Employer may not have taken all reasonable steps to explain the terms of the Agreement before the vote as required by s.180(5) of the Act. The Employer submits that the Employee Representatives explained the terms of the Agreement during the access period and that this matter constituted a minor procedural error.
I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor procedural error for the purposes of s.188(2) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Section 190 Undertakings
The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
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 AMWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2023. The nominal expiry date of the Agreement is 31 March 2024.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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