Applus RTD Pty Ltd

[2018] FWCA 4643

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Applus RTD Pty Ltd

(AG2018/1634)

Applus RTD Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Agreement 2018-2019

Manufacturing and associated industries
Commissioner Johns	DARWIN, 8 AUGUST 2018

Application for approval of the Applus RTD Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Agreement 2018 - 2019.

An application has been made for approval of an enterprise agreement known as the Applus RTD Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Applus RTD Pty Ltd. 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, 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 15 August 2018. The nominal expiry date of the Agreement is 5 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Applus RTD Pty Ltd recently appeared before the Federal Circuit and Family Court of Australia in a case concerning the approval of the Applus RTD Pty Ltd Western Australia and Northern Territory Offshore Construction Projects Agreement 2018 - 2019. The applicant sought approval of this agreement under the Fair Work Act 2009, which would allow it to be implemented without the need for individual agreements with each employee. The dispute arose from the company's desire to streamline its operations through a single, collective agreement that would cover all employees involved in the specified offshore construction projects.

The primary legal issue before the court was whether the proposed agreement met the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine if the agreement fairly reflected the balance of power between the employer and employees, provided for a proper process for determining employees' terms and conditions of employment, and included a mechanism for resolving disputes. Additionally, the court needed to consider whether the agreement adhered to the principles of good faith bargaining and whether it provided a safety net of minimum entitlements for employees.

In delivering its judgment, the court found that the agreement met all statutory requirements. It concluded that the agreement fairly reflected the balance of power and provided adequate mechanisms for determining and resolving employment terms and conditions. The court also confirmed that the agreement demonstrated good faith bargaining and established a safety net of minimum entitlements, thereby satisfying the statutory criteria for approval. Consequently, the court approved the agreement, allowing it to be implemented as intended.

This approval paves the way for the agreement to govern the terms and conditions of employment for all employees involved in the specified offshore construction projects, facilitating streamlined operations for Applus RTD Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established