Rulway Pty Ltd Summary

[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

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).

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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Rulway Pty Ltd involves an application for the approval of the AMWU & RULWAY PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023. This dispute was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 to manage and resolve workplace disputes. The primary parties in this case are the Australian Manufacturing Workers' Union (AMWU) and Rulway Pty Ltd, a construction company.

The legal issues central to this case revolve around whether the proposed agreement meets the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the agreement's compliance with the Act, including whether it provides for minimum terms and conditions of employment, ensures fair and reasonable terms, and aligns with broader public policy objectives. The AMWU and Rulway Pty Ltd both submitted their respective arguments and evidence to support the agreement's approval.

After reviewing the submissions and evidence presented, the Commission determined that the proposed agreement met the necessary criteria for approval. The agreement was found to comply with the requirements of the Fair Work Act 2009, providing for minimum terms and conditions of employment and being fair and reasonable. The Commission considered that the agreement would facilitate harmonious industrial relations and promote productivity and efficiency in the workplace. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.

The final orders of the Commission included the approval of the AMWU & RULWAY PTY LTD Metal Engineering On-Site Construction Agreement 2020-2023, effective from the date of the decision. This outcome ensures that the agreement can now be implemented, providing a framework for the employment relationship between the AMWU and Rulway Pty Ltd for the specified period.

Rulway Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established