Applus RTD Pty Ltd

[2014] FWCA 5307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus RTD Pty Ltd
(AG2014/1673)

APPLUS RTD PTY LTD VICTORIAN NDT AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 AUGUST 2014

Application for approval of the Applus RTD Pty Ltd Victorian NDT Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Applus RTD Pty Ltd Victorian NDT Agreement 2014 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Applus RTD Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Applus RTD Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Applus RTD Pty Ltd, which applied for approval of the Applus RTD Pty Ltd Victorian NDT Agreement 2014-2017. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009. The dispute centred on several provisions within the agreement that were contested by various unions representing the employees of Applus RTD Pty Ltd.

The legal issues before the Commission included the fairness and coverage of certain provisions within the agreement, particularly those concerning employee classification, wages, and conditions. The unions argued that the agreement did not adequately protect the rights and interests of the employees, and that some provisions were unfair and outside the scope of permissible matters under the Fair Work Act. The Commission had to determine whether the agreement complied with the statutory requirements for approval and whether it met the criteria for being a safety net agreement.

The Fair Work Commission carefully considered the arguments presented by both Applus RTD Pty Ltd and the unions. It examined the provisions of the agreement in question, considering whether they were consistent with the principles of the Fair Work Act and whether they provided an appropriate safety net for the employees. After thorough deliberation, the Commission found that while some provisions required minor amendments to address fairness and coverage concerns, the overall agreement did meet the necessary standards for approval. Consequently, the Commission granted approval for the agreement subject to these amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established