Ridgebay Holdings Pty Ltd

[2024] FWCA 1521

[2024] FWCA 1521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridgebay Holdings Pty Ltd

(AG2024/1247)

RIDGEBAY HOLDINGS KARRATHA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 24 APRIL 2024

Application for approval of the Ridgebay Holdings Karratha Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Ridgebay Holdings Karratha Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridgebay Holdings Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. 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. The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 8 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (the AMWU) and the Australian Workers' Union (the AWU), who were bargaining agents, did not express any views as to whether the Agreement passes the BOOT.  The Construction, Forestry and Maritime Employees Union (the CFMEU) who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

1. I am satisfied that each requirement of ss186, 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 (the AMWU), the Australian Workers' Union (the AWU) and the Construction, Forestry and Maritime Employees Union (the CFMEU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the AWU and the CFMEU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 24 April 2027.

DEPUTY PRESIDENT

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