DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Renron Australia Pty Ltd
(AG2017/6167)

AMWU AND RENRON AUSTRALIA PTY LTD METALS LABOUR HIRE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the AMWU and RENRON AUSTRALIA PTY LTD Metals Labour Hire Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and RENRON AUSTRALIA PTY LTD Metals Labour Hire Agreement 2016-2019 (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) 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 16 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Renron Australia Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of the Metals Labour Hire Agreement 2016-2019. The Commission was required to decide whether the proposed agreement met the criteria for an individual employer agreement under the Fair Work Act 2009. The AMWU sought to have the agreement approved, while Renron Australia Pty Ltd expressed concerns about specific provisions within the agreement.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of an individual employer agreement under the Fair Work Act. This involved examining whether the agreement contained all the prescribed minimum terms and conditions, as well as whether it provided for terms and conditions that were no less favourable than the relevant award or registered agreement. Additionally, the Commission needed to consider if the agreement was negotiated in good faith and if it met the requirements for individual employer agreements as set out in the Act.

The Commission found that the proposed agreement contained all the prescribed minimum terms and conditions and was no less favourable than the relevant award. It concluded that the agreement had been negotiated in good faith and met the requirements for an individual employer agreement. Consequently, the Commission approved the Metals Labour Hire Agreement 2016-2019, subject to certain modifications to ensure compliance with the Fair Work Act. These modifications included clarifying certain provisions to avoid any potential ambiguity or confusion.

Renron 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