DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Folche Plant Hire Pty Ltd
(AG2016/4472)

RMF FABRICATION ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the RMF Fabrication Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RMF Fabrication Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Folche Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 11 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Folche Plant Hire Pty Ltd, a company incorporated in Australia, applied for approval of the RMF Fabrication Enterprise Agreement 2016. The applicant sought to have the agreement, which was made between them and the employees represented by the Australian Manufacturing Workers Union, recognised as a registered agreement under the Fair Work Act 2009. The application was heard by the Commission in the presence of representatives from both the applicant and the union.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it provided for the proper classification of employees. The Commission also needed to determine whether the agreement met the requirements of the Fair Work Act, including the provision for minimum rates of pay and conditions. Additionally, the Commission had to assess whether the agreement complied with the relevant provisions of the Fair Work (Transition to Workplace Agreements) Act 2004.

The Commission found that the agreement was made in good faith and that it properly classified employees. It was satisfied that the agreement met the requirements of the Fair Work Act, including the provision for minimum rates of pay and conditions. The Commission also determined that the agreement complied with the relevant provisions of the Fair Work (Transition to Workplace Agreements) Act 2004. Accordingly, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

The Commission made orders approving the RMF Fabrication Enterprise Agreement 2016 as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the decision and will remain in effect until it is terminated, varied or replaced in accordance with the Fair Work Act.

Folche Plant Hire 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