DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadrunner Engineering Pty Ltd
(AG2020/2980)

AMWU & ROADRUNNER ENGINEERING METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 20 OCTOBER 2020

Application for approval of the AMWU & RoadRunner Engineering Metal & Engineering On-Site Construction Agreement 2020-2023.

[1] An application has been made for the approval of an enterprise agreement known as the AMWU & RoadRunner Engineering Metal & Engineering On-Site Construction Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Roadrunner Engineering Pty Ltd however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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) and based on the statutory declaration provided, I note that the Agreement covers the AMWU.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Roadrunner Engineering Pty Ltd, which applied for the approval of the Australian Manufacturing Workers' Union (AMWU) and Roadrunner Engineering Metal & Engineering On-Site Construction Agreement 2020-2023. The application was heard by the Fair Work Commission (FWC). Roadrunner Engineering, a contractor in the metal and engineering sector, sought approval of the agreement with the AMWU, which aimed to regulate employment conditions and terms for employees working on-site.

The legal issues before the FWC included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its coverage, the process by which it was negotiated, and whether it complied with the principles of good faith bargaining and procedural fairness. Roadrunner Engineering argued that the agreement was fair and reasonable, while the AMWU supported its approval, asserting that it was the product of genuine negotiations and met the necessary legislative standards.

The FWC found that the agreement was appropriately negotiated in good faith and met the procedural fairness requirements. The commission also determined that the agreement's coverage was appropriate and that it contained terms and conditions that were fair and reasonable for the employees covered by it. The FWC approved the agreement, noting that it complied with the statutory requirements and was beneficial for the employees.

The FWC's decision resulted in the approval of the AMWU and Roadrunner Engineering Metal & Engineering On-Site Construction Agreement 2020-2023. This decision set a precedent for similar agreements in the metal and engineering sectors, reinforcing the importance of fair and reasonable employment conditions and terms. The approval of the agreement ensured that the employees were covered by a legally binding agreement that protected their rights and interests.

Roadrunner Engineering 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