DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the Ragon a Family Trust (ACN 108 448 120) & The Trustee for D & R Ragona Family Trust (ACN 110 34 1887) T/A Ragona Engineering Australia (ABN 99 531 336 736) T/A Ragona Engineering Australia
(AG2020/2986)

AMWU AND THE RAGONA ENGINEERING AUSTRALIA COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 OCTOBER 2020

Application for approval of the AMWU and the RAGONA ENGINEERING AUSTRALIA Collective Bargaining Workshop Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and the RAGONA ENGINEERING AUSTRALIA Collective Bargaining Workshop Agreement 2020 (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 the Ragon a Family Trust (ACN 108 448 120) & The Trustee for D & R Ragona Family Trust (ACN 110 34 1887) T/A Ragona Engineering Australia (ABN 99 531 336 736) T/A Ragona Engineering Australia. The Agreement is a single enterprise agreement.

[2] 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Australian Manufacturing Workers' Union (AMWU) and Ragona Engineering Australia for the approval of their 2020 Collective Bargaining Workshop Agreement. The application was heard by the Fair Work Commission. The primary dispute was over whether the agreement, which was intended to govern employment conditions for workers in the engineering sector, complied with the relevant legislative framework and provided fair terms and conditions of employment.

The legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. This included examining whether the agreement appropriately balanced the interests of both employers and employees and whether it adhered to the procedural requirements for approval, including proper notification and consultation with relevant parties.

The court examined the details of the agreement, noting the extensive consultation process that had taken place between the AMWU and Ragona Engineering Australia. It considered the content of the agreement, which included provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court found that the agreement was comprehensive and provided for fair terms and conditions of employment. It also confirmed that the proper procedures for approval had been followed, including adequate notification and consultation with relevant parties. Based on this, the court approved the agreement.

The final order was that the AMWU and Ragona Engineering Australia's 2020 Collective Bargaining Workshop Agreement was approved and registered under the Fair Work Act 2009.

The Trustee for the Ragon a Family Trust (ACN 108 448 120) & The Trustee for D & R Ragona Family Trust (ACN 110 34 1887) T/A Ragona Engineering Australia (ABN 99 531 336 736) T/A Ragona Engineering Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established