DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Renron Australia Pty Ltd
(AG2017/4038)

RENRON AUSTRALIA PTY LTD /ETU/AMWU/ CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 18 JANUARY 2018

Application for approval of the Renron Australia Pty Ltd /ETU/AMWU/ Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Renron Australia Pty Ltd /ETU/AMWU/ Construction & Service Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Renron 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January. The nominal expiry date of the Agreement is 18 August 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Renron Australia Pty Ltd sought approval for the Renron Australia Pty Ltd /ETU/AMWU/ Construction & Service Employees Enterprise Agreement 2015-2018. The application was before the Fair Work Commission. The dispute arose from the application to have the enterprise agreement registered under the Fair Work Act 2009. The legal issues for determination included whether the agreement was a genuine enterprise agreement and whether it met the formal requirements of the Act.

The Commission considered whether the agreement was negotiated in good faith, whether it was an enterprise agreement, and if it satisfied the relevant provisions of the Fair Work Act. The Commission found that the agreement was genuine and had been negotiated in good faith. The agreement was also an enterprise agreement, as it related to the employees of Renron Australia Pty Ltd and their employers, the ETU and AMWU. Furthermore, the agreement complied with the formal requirements of the Act. The Commission approved the application, finding that the agreement was a genuine enterprise agreement and met all necessary criteria.

As a result of the Court’s decision, the Renron Australia Pty Ltd /ETU/AMWU/ Construction & Service Employees Enterprise Agreement 2015-2018 was approved and registered under the Fair Work Act 2009. The agreement now serves as the legally binding employment contract between the parties involved.

Renron Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established