The Trustee for MDV Trust T/A Renron Australia Pty Ltd

[2021] FWCA 2331

[2021] FWCA 2331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for MDV Trust T/A Renron Australia Pty Ltd
(AG2021/4618)

AMWU & RENRON AUSTRALIA PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 28 APRIL 2021

Application for approval of the AMWU & Renron Australia Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Renron Australia Pty Ltd 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). It has been made by The Trustee for MDV Trust T/A Renron Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 5 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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Annexure A