Rulway Pty Ltd

[2022] FWCA 1998

[2022] FWCA 1998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rulway Pty Ltd

(AG2022/1737)

AMWU & Rulway Construction Pty Ltd Collective Bargaining Workshop Agreement 2020 – 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 17 JUNE 2022

Application for approval of the AMWU & Rulway Construction Pty Ltd Collective Bargaining Workshop Agreement 2020 – 2023.

1. Rulway Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the AMWU & Rulway Construction Pty Ltd Collective Bargaining Workshop Agreement 2020 – 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. The Agreement lodged contained two typographical errors. On 15 June 2022, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed the attached amended version of the Agreement correcting the various errors identified. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. The Employer provided employees with a notice of employee representational rights that contained content that was not prescribed by the regulations. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

1. The 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

1. The Agreement was approved on 17 June 2022 and, in accordance with s.54, will operate from 24 June 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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<AE516322  PR742776>