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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the Trustee for the MDV Trust, trading as Renron Australia Pty Ltd, applied for the approval of the Metal Engineering On-Site Construction Agreement 2020-2023 between the applicant and the Australian Manufacturing Workers' Union. The union sought to have the agreement recognised as a safety net agreement for the purposes of the Fair Work Act 2009. The applicant opposed the application on the basis that the agreement did not meet the criteria for safety net approval under section 232 of the Act.

The court was required to determine whether the agreement contained the minimum terms and conditions of employment as specified by the Act, and whether it met the requirements for safety net approval. The court examined the agreement to ensure that it included all the mandatory terms and conditions outlined in the Act, and whether it provided adequate protection for employees. The court also considered whether the agreement was negotiated in good faith and whether it was in the best interests of the employees.

The court found that the agreement contained all the mandatory terms and conditions required by the Act and met the criteria for safety net approval. The court noted that the agreement provided adequate protection for employees and was negotiated in good faith. The court was satisfied that the agreement was in the best interests of the employees and approved the application for safety net approval. The court made an order approving the agreement as a safety net agreement for the period specified in the agreement.

The Trustee for MDV Trust T/A Renron Australia 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