DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rylea Engineering Services Pty Ltd
(AG2015/3174)

RYLEA ENGINEERING SERVICES P/L AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JULY 2015

Application for approval of the RYLEA ENGINEERING SERVICES P/L and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RYLEA ENGINEERING SERVICES P/L and AMWU Metal Engineering On-Site Construction Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rylea Engineering Services Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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 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 by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 July 2015 and, in accordance with s.54, will operate from 28 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Rylea Engineering Services Pty Ltd for approval of the Rylea Engineering Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. The Australian Manufacturing Workers' Union (AMWU) had sought approval of the agreement under section 236 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration and whether it complied with the relevant provisions of the Fair Work Act. The AMWU argued that the agreement was necessary to address specific workplace issues and provide improved terms and conditions for its members working under the agreement.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement within the meaning of the Fair Work Act and whether it had been made in accordance with the procedural requirements stipulated by the Act. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to the public interest or that failed to meet the minimum standards prescribed by the Fair Work Act. Another key issue was whether the agreement provided for the proper representation of employees' interests.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and had been made in compliance with the procedural requirements of the Fair Work Act. The Commission concluded that the agreement did not contain any provisions that were contrary to the public interest and met the minimum standards required by the Act. It was also determined that the agreement provided for the proper representation of employees' interests. Consequently, the Commission approved the agreement, allowing it to be registered and thereby becoming a legally binding industrial instrument.

As a result of the decision, the Rylea Engineering Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014 was approved and registered under the Fair Work Act. This decision facilitated the implementation of the agreement, which was intended to address specific workplace issues and provide improved terms and conditions for the employees covered by the agreement.

Rylea Engineering Services 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