ITW Australia Pty Ltd T/A Ramsetreid

[2020] FWCA 792

[2020] FWCA 792

FAIR WORK COMMISSION

DECISION

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

ITW Australia Pty Ltd T/A Ramsetreid
(AG2019/4983)

RAMSETREID (FLOORING AND CONSTRUCTION MANUFACTURING EMPLOYEES) AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 13 FEBRUARY 2020

Application for approval of the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019.

[1] ITW Australia Pty Ltd T/A Ramsetreid (the Employer) has applied for approval of an enterprise agreement known as the RAMSETREID (Flooring and Construction Manufacturing Employees) and United Workers Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the United Workers Union (the UWU) and the nominated employee bargaining representatives for the Agreement regarding the undertakings.

[3] The UWU wrote to my chambers and indicated that it had no objections to the Employer’s undertakings other than a typographical error of the date of the Employer’s signature, which the Employer rectified. The Employer provided a document signed by both the employee bargaining representatives to my chambers stating that each of the employee bargaining representatives had reviewed the Employer’s undertakings and accept those undertakings. It is not necessary for employee bargaining representatives to accept the undertakings provided by the Employer, however it is noted.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The UWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2020. The nominal expiry date of the Agreement is 31 October 2023.

COMMISSIONER

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<AE507088  PR716733>

Annexure A: