Roadrunner Engineering Pty Ltd

[2024] FWCA 519

[2024] FWCA 519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Roadrunner Engineering Pty Ltd

(AG2024/210)

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

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 FEBRUARY 2024

Application for approval of the AMWU & Roadrunner Engineering 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 & Roadrunner Engineering Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 - 2026 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

1. Under the transitional amendments made by Part 14 of Schedule 1 to the Amending Act, the 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 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 this Agreement was 6 October 2023. It follows the Amending Act genuine agreement provisions apply.

1. Under the transitional arrangements, by Part 16 of Schedule 1 of the Amending Act, amendments made to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made on 3 November 2023. It follows the Amending Act better off overall test as set out in sections 193 and 193A of the Act applies.

1. The application was not lodged within 14 days after the Agreement was made. Pursuant to section 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved on 7 February 2024. It will operate from 14 February 2024 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

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