ITW Australia Pty Ltd T/A Ramsetreid Summary

[2022] FWCA 286

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

(AG2021/9291)

RamsetReid and AMWU Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 1 FEBRUARY 2022

Application for approval of the RamsetReid and AMWU Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the RamsetReid and AMWU Enterprise Agreement 2021 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Manufacturing and Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, ITW Australia Pty Ltd trading as RamsetReid, applied to the Fair Work Commission for the approval of the RamsetReid and AMWU Enterprise Agreement 2021. The applicant sought to have the agreement, which was entered into with the Australian Manufacturing Workers' Union, approved under the Fair Work Act 2009. The dispute arose because the applicant and the union could not reach an agreement on certain terms and conditions of employment, necessitating the intervention of the Fair Work Commission.

The central legal issues before the Commission involved the fairness and compliance of the proposed agreement with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement, and whether it adhered to the 'good faith' bargaining requirement. The Commission also considered whether the agreement contained provisions that were contrary to public policy or not in the best interests of the employees.

In delivering its decision, the Commission meticulously reviewed the terms of the agreement, taking into account submissions from both the applicant and the union, as well as the evidence provided. The Commission found that the agreement was fair and met the statutory criteria. The terms provided for adequate pay and conditions, and the Commission was satisfied that the agreement was the product of genuine good faith negotiations. The Commission concluded that the agreement did not contravene any public policy considerations and was in the best interests of the employees. Consequently, the Commission approved the agreement under section 179 of the Fair Work Act.

The final orders of the Commission included the approval of the RamsetReid and AMWU Enterprise Agreement 2021, effective from the date of the decision. The Commission mandated that the agreement be lodged with the Registrar of the Fair Work Commission and that it be made available for inspection by the public, as required by the Act. The approval ensures that the terms of the agreement will govern the employment conditions of the employees covered by the agreement.

ITW Australia Pty Ltd T/A Ramsetreid

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established