Victorian Rigging Pty Ltd

[2022] FWCA 497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Victorian Rigging Pty Ltd

(AG2022/113)

AMWU & Victorian Rigging Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2022

Application for approval of the AMWU & Victorian Rigging Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023

Victorian Rigging Pty Ltd has made an application for approval of an enterprise agreement known as the AMWU & Victorian Rigging Pty Ltd Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Australian Manufacturing Workers' Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement was approved on 15 February 2022 and, in accordance with s 54, will operate from 22 February 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a Metal Engineering On-Site Construction Agreement 2020 - 2023 between the Australian Manufacturing Workers' Union (AMWU) and Victorian Rigging Pty Ltd. The application was heard by the Fair Work Commission (FWC), specifically a panel of the Commission comprising of Commissioner Ryan, Deputy President McCabe and Registrar Hepple. The AMWU sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The primary issue before the FWC was whether the agreement met the requirements for registration under the Fair Work Act. In particular, the FWC had to determine if the agreement was a "good faith" agreement and whether it complied with the provisions of the Act that relate to minimum entitlements.

The FWC found that the agreement was a good faith agreement, as it represented the outcome of genuine and voluntary negotiations between the parties. The FWC also found that the agreement met the requirements for registration under the Fair Work Act. The FWC noted that the agreement provided for minimum entitlements that were not less favourable than those provided for in the relevant awards and provided for additional benefits for employees. The FWC concluded that the agreement was in the public interest and should be approved as a registered agreement.

As a result of the FWC's decision, the Metal Engineering On-Site Construction Agreement 2020 - 2023 between the AMWU and Victorian Rigging Pty Ltd was approved as a registered agreement. The agreement will now apply to employees in the metal engineering industry who are covered by the agreement and will provide them with minimum entitlements and additional benefits. The decision of the FWC is final and binding on the parties and cannot be appealed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established