The Trustee for the Ragona Family Trust T/A Ragona Engineering Australia

[2018] FWCA 5886

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for the Ragona Family Trust T/A Ragona Engineering Australia

(AG2018/2432)

Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2017 -2020

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Ragona Engineering Australia and AMWU metal Engineering On-Site Construction Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2017 - 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 Ragona Family Trust T/A Ragona Engineering Australia. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute between the trustee of the Ragona Family Trust, trading as Ragona Engineering Australia, and the Australian Manufacturing Workers' Union (AMWU) concerning the approval of the Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The application for the approval of the agreement was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement.

The Commission considered the terms of the agreement and the evidence provided by both parties. It found that the agreement was not in breach of any of the provisions of the Fair Work Act 2009. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees covered by it, as it provided for fair and reasonable terms of employment. The Commission approved the agreement, noting that it provided for a fair and balanced outcome for both parties and would promote industrial harmony.

The Fair Work Commission approved the Ragona Engineering Australia and AMWU Metal Engineering On-Site Construction Agreement 2017-2020. The Commission found that the agreement was not in breach of the Fair Work Act 2009 and was in the best interests of the employees covered by it. The Commission's decision was based on its consideration of the terms of the agreement and the evidence provided by both parties. The approval of the agreement is expected to promote industrial harmony and provide for fair and reasonable terms of employment for the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established