Applus RTD Pty Ltd

[2014] FWCA 4480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Applus RTD Pty Ltd
(AG2014/1523)

APPLUS RTD PTY LTD WESTERN AUSTRALIA, NORTHERN TERRITORY AND QUEENSLAND NDT ENTERPRISE AGREEMENT 2014-2017

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 4 JULY 2014

Application for approval of the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[1] 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 the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Applus RTD Pty Ltd involved an application for the approval of the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland Non-Destructive Testing (NDT) Enterprise Agreement 2014-2017. The applicant, Applus RTD Pty Ltd, sought the Fair Work Commission's (FWC) approval of the agreement under the Fair Work Act 2009. The dispute arose from the negotiation process and the content of the proposed agreement between the employer and the employees' union.

The primary legal issue before the FWC was whether the agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it complied with the procedural requirements for such agreements. Additionally, the FWC needed to consider the balance of the agreement in terms of fairness and reasonableness, and whether it provided adequate protection for employees' rights.

The FWC examined the evidence and submissions from both parties and concluded that the agreement was made in good faith and contained the necessary minimum terms and conditions. The FWC found that the agreement provided for fair and reasonable terms and conditions, and that it did not unconscionably disadvantage any party. The FWC also noted that the agreement included provisions for the protection of employees' rights, such as provisions for dispute resolution and the preservation of existing entitlements. Based on these findings, the FWC approved the agreement.

The FWC's decision to approve the Applus RTD Pty Ltd Western Australia, Northern Territory and Queensland NDT Enterprise Agreement 2014-2017 provides clarity and certainty for both the employer and employees. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, and that the rights of employees are protected. The decision also sets a precedent for similar agreements in the industry, providing guidance for future negotiations and agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established