DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus RTD Pty Ltd
(AG2017/4479)

APPLUS RTD PTY LTD WESTERN AUSTRALIA, NORTHERN TERRITORY AND QUEENSLAND NDT ENTERPRISE AGREEMENT 2017 - 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 17 JANUARY 2018

Application for approval of the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2017- 2019.

[1] On 26 September 2017 Applus RTD Pty Ltd (Applicant) made an application for approval of the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2017- 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Applus RTD Pty Ltd, the Fair Work Commission was called upon to approve an enterprise agreement between Applus RTD Pty Ltd and its employees, as represented by the Australian Manufacturing Workers’ Union. The agreement in question pertains to the period from 2017 to 2019 and was entered into in respect of the Western Australia, Northern Territory and Queensland regions. The primary dispute involved whether the terms and conditions stipulated in the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the agreement was made in good faith and whether it met the provisions of the Act regarding the protection of employee interests. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it appropriately balanced the interests of both employers and employees. The Commission also examined whether the agreement provided for a fair process for dispute resolution and if it included adequate provisions for employee protection and welfare.

In reaching its decision, the Commission emphasised the importance of good faith bargaining and the need for the agreement to provide for fair and reasonable terms. The Commission noted that the agreement included provisions for pay rates, penalty rates, leave entitlements, and other conditions of employment. The Commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions, as well as adequate protections for employees. The Commission concluded that the agreement met the legal requirements for approval under the Act.

The Fair Work Commission approved the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2017-2019, determining that it was fair and reasonable, and was made in good faith. The agreement was thus deemed to comply with the legal requirements under the Fair Work Act 2009.

Applus RTD 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