Renron Victoria Pty Ltd

[2024] FWCA 1328

[2024] FWCA 1328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Renron Victoria Pty Ltd

(AG2024/1063)

AMWU & RENRON VICTORIA PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 15 APRIL 2024

Application for approval of the AMWU & Renron Victoria Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & Renron Victoria Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Renron Victoria Pty Ltd. The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) that was issued to the employees was not on the current prescribed form. However, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. I note that clause 27 of the Agreement mentions trainees, but that the Agreement is otherwise silent on rates of pay for trainees. On 10 April 2024, I sought submissions from the parties in relation to this issue. The AMWU submits that the Applicant does not employ trainees, nor does it intend on employing trainees in the future, and that with reference to s.193A(6) of the Act, it is not reasonably foreseeable for trainees to be employed pursuant to this agreement. I accept this submission and am satisfied that trainees are not a reasonable foreseeably type of employment under the 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.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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