DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ITW Australia Pty Ltd T/A Ramset Australia
(AG2015/3112)

RAMSET AUSTRALIA (WAREHOUSE EMPLOYEES) AND NUW ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 JULY 2015

Application for approval of the Ramset Australia (Warehouse Employees) and NUW Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ramset Australia (Warehouse Employees) and NUW Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been 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 ss.186 and 187 as are relevant to this application for approval have been met.

[3] The National Union of Workers 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by ITW Australia Pty Ltd, trading as Ramset Australia, for approval of the Ramset Australia (Warehouse Employees) and NUW Enterprise Agreement 2015. The Fair Work Commission, led by Deputy President R J Chapman, was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The union representing the warehouse employees, the National Union of Workers (NUW), did not oppose the application. The primary concern was whether the agreement met the statutory requirements for registration and approval.

The legal issues before the Commission centred on whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the necessary minimum entitlements as prescribed by the Act. Furthermore, the Commission considered whether the agreement adequately provided for the negotiation and resolution of future workplace issues.

In its decision, the Commission found that the agreement was made in good faith and contained the necessary minimum entitlements. The Commission noted that the agreement addressed key issues such as wages, hours of work, and other terms and conditions of employment. The Commission was satisfied that the agreement provided for the negotiation and resolution of future workplace issues and met all the statutory requirements for approval and registration. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Ramset Australia (Warehouse Employees) and NUW Enterprise Agreement 2015, and it was registered under the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements comply with legislative requirements to secure their validity and enforceability.

ITW Australia Pty Ltd T/A Ramset Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established