Folche Plant Hire Pty Ltd T/A Folche Plant Hire Pty Ltd

[2023] FWCA 2618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Folche Plant Hire Pty Ltd T/A Folche Plant Hire Pty Ltd

(AG2023/2079)

RMF FABRICATION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 17 AUGUST 2023

Application for approval of the RMF Fabrication Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the RMF Fabrication Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Folche Plant Hire Pty Ltd T/A Folche Plant Hire Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

As noted, pursuant to section 190(3), I have accepted undertakings from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 August 2023. The nominal expiry date of the Agreement is 17 August 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Folche Plant Hire Pty Ltd T/A Folche Plant Hire Pty Ltd and the Australian Manufacturing Workers' Union. The matter before the court was the application for the approval of the RMF Fabrication Enterprise Agreement 2023. The court had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement provided for the minimum entitlements required by the Act. This included assessing if the agreement adequately covered minimum wages, penalty rates, leave entitlements, and other conditions of employment. Additionally, the court had to consider whether the agreement allowed for genuine bargaining between the parties and whether it was free from any improper influence or coercion.

The court examined the agreement clause by clause, ensuring that it met the statutory requirements and was fair and reasonable. It found that the agreement provided for all the minimum entitlements as required by the Fair Work Act 2009. The court also concluded that the agreement was the product of genuine bargaining and was free from any improper influence or coercion. Consequently, the court approved the RMF Fabrication Enterprise Agreement 2023.

The final orders of the court were to approve the agreement, which would come into effect on the date specified in the agreement. This approval meant that the agreement would now be legally binding on the parties and would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established