ITW Australia Pty Ltd T/A Ramset Australia Summary

[2013] FWCA 7191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Ramset Australia
(AG2013/2808)

RAMSET AUSTRALIA AND AMWU ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Ramset Australia and AMWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ramset Australia and AMWU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by ITW Australia Pty Ltd T/A Ramset Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ITW Australia Pty Ltd, trading as Ramset Australia, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the application for approval of the Ramset Australia and AMWU Enterprise Agreement 2013. The parties contested the agreement's provisions and sought the Commission's determination on its compliance with the Fair Work Act 2009.

The legal issues before the Commission included the interpretation and application of specific provisions within the agreement, particularly those related to employee entitlements, work arrangements, and dispute resolution mechanisms. The Commission had to ensure the agreement met the requirements of the Fair Work Act, including fairness, public interest considerations, and the promotion of systemically important bargaining. The Commission also considered whether the agreement provided for appropriate protections for employees, including minimum wages and conditions, and whether it facilitated a fair and efficient workplace.

In its decision, the Fair Work Commission examined the agreement's provisions against the statutory criteria set out in the Fair Work Act. The Commission found that while the agreement contained provisions that were generally favourable to both parties, certain aspects did not align with the Act's objectives. Specifically, the Commission noted discrepancies in the agreement's provisions regarding overtime entitlements and the processes for handling disputes. After considering submissions from both parties and relevant legal principles, the Commission determined that the agreement, with certain modifications, could be approved as a single-enterprise agreement. The modifications included clarifying the overtime provisions and ensuring the dispute resolution processes met the requirements of the Act.

The Fair Work Commission approved the Ramset Australia and AMWU Enterprise Agreement 2013, subject to the modifications made to the overtime provisions and the dispute resolution processes. These changes were intended to ensure compliance with the Fair Work Act and to address the concerns raised during the application process.

ITW Australia Pty Ltd T/A Ramset Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established