DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ITW Australia Pty Ltd T/A Ramsetreid
(AG2019/1897)

RAMSETREID (WAREHOUSE EMPLOYEES) AND NUW ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 24 JULY 2019

Application for approval of the RAMSETREID (Warehouse Employees) and NUW Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAMSETREID (Warehouse Employees) and NUW Enterprise Agreement 2019. (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 Ramsetreid. The Agreement is a single enterprise agreement.

[2] 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 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 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, ITW Australia Pty Ltd T/A Ramsetreid applied for approval of the RAMSETREID (Warehouse Employees) and NUW Enterprise Agreement 2019. The dispute revolved around the interpretation and application of the Fair Work Act 2009, particularly concerning whether the enterprise agreement met the requirements for approval under the Act. The applicants argued that the agreement was procedurally and substantively sound, while the respondents raised concerns about certain provisions.

The primary legal issues the court had to address were whether the agreement was made in accordance with the relevant provisions of the Fair Work Act and whether it contained only matters that could be the subject of an enterprise agreement. The court also needed to determine if the agreement was made without the influence of any prohibited conduct and if it met the good faith bargaining requirement. Additionally, the court examined whether the agreement complied with the unfair dismissal provisions of the Act.

The Fair Work Commission found that the agreement was made in accordance with the relevant sections of the Fair Work Act. The court noted that the process of developing the agreement involved genuine negotiations between the parties and that no prohibited conduct was present. Furthermore, the court held that the agreement contained only matters that could be the subject of an enterprise agreement and that it met the good faith bargaining requirement. The commission also found that the agreement complied with the unfair dismissal provisions of the Act.

The Fair Work Commission approved the RAMSETREID (Warehouse Employees) and NUW Enterprise Agreement 2019, finding it to be a valid and compliant enterprise agreement. The commission's decision confirmed that the agreement met the necessary legal requirements under the Fair Work Act, and it was thus approved for operation.

ITW Australia Pty Ltd T/A Ramsetreid

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established