Rulway Pty Ltd

Case

[2022] FWCA 1984

17 JUNE 2022


[2022] FWCA 1984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rulway Pty Ltd

(AG2022/1758)

AMWU & RULWAY PTY LTD Metal Engineering On-SiteConstruction Agreement 2020 - 2023

Building, metal and civil construction industries

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 17 JUNE 2022

Application for approval of the AMWU & RULWAY PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023

  1. An application has been made by Rulway Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of a greenfields agreement known as the AMWU & RULWAY PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023 (the Agreement).

  1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

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

  1. Based on statutory declaration provided by the organisation, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it in accordance with s.187(5)(a) of the Act. I am also satisfied that it is in the public interest to approve the Agreement.

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

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

DEPUTY PRESIDENT

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