DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Folche Plant Hire Pty Ltd
(AG2020/2219)

RMF FABRICATION ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 AUGUST 2020

Application for approval of the RMF Fabrication Enterprise Agreement 2020.

[1] Folche Plant Hire Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the RMF Fabrication Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 18 August 2020 and, in accordance with s 54, will operate from 25 August 2020. The nominal expiry date of the Agreement is 18 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Folche Plant Hire Pty Ltd applied for the approval of the RMF Fabrication Enterprise Agreement 2020. The dispute centred around the agreement's provisions concerning pay rates, working hours, and conditions for employees within the RMF Fabrication sector. The company argued that the agreement was fair and reasonable, while opponents contended it did not adequately protect employee rights and interests. The central legal issues revolved around whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for "better off overall and in the round" for the employees.

The Commission evaluated the agreement against the statutory requirements, focusing on whether it provided fair and reasonable terms for employees. It assessed the balance of benefits and detriments, considering the overall economic and social context. The Commission also examined whether the agreement provided a safety net for employees, ensuring their basic rights and protections were maintained. Ultimately, the Commission found that the agreement, while generally fair, contained some provisions that did not adequately protect employee interests. Consequently, the Commission required certain amendments to ensure compliance with the Fair Work Act and to address the identified deficiencies.

Following the Commission's review, the agreement was approved with specific conditions and modifications to address the identified shortcomings. The amendments ensured that employees' rights and protections were sufficiently safeguarded, aligning the agreement with the statutory requirements. The final order included the approved agreement with the specified changes, ensuring it met the necessary criteria for approval under the Fair Work Act. The decision highlighted the importance of balancing the interests of both employers and employees while upholding the principles of fairness and reasonableness in enterprise agreements.

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