DECISION

Fair Work Act 2009
s.185—Enterprise agreement

2XM Projects Pty Ltd
(AG2019/3442)

2XM PROJECTS PTY LTD ROLLING STOCK AND METALS LABOUR HIRE AGREEMENT 2019 - 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the 2XM Projects Pty Ltd Rolling Stock and Metals Labour Hire Agreement 2019-2023

[1] An application has been made for approval of an enterprise agreement known as the 2XM Projects Pty Ltd Rolling Stock and Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 2XM Projects Pty Ltd. 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2019. 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 applicant, 2XM Projects Pty Ltd, sought approval of a proposed enterprise agreement with the Rail, Tram and Bus Union. The matter was heard by the Fair Work Commission. The key issue for determination was whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion.

The Commission found that the agreement was made in good faith and without any form of coercion. The applicant had demonstrated a willingness to negotiate in an open and transparent manner and had provided all necessary information to the Union. The Commission was satisfied that the agreement met all the requirements of the Fair Work Act 2009. It provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement contained a provision for the review of its operation, which was a positive indication of the parties' commitment to ensuring that the agreement remained fair and effective over time.

Accordingly, the Fair Work Commission approved the 2XM Projects Pty Ltd Rolling Stock and Metals Labour Hire Agreement 2019-2023. The applicant and the Union were directed to take all necessary steps to give effect to the agreement. The Commission noted that its approval was subject to the agreement being registered with the Fair Work Commission within the required timeframe.

2XM Projects 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