R E & M Services Pty Ltd

[2022] FWCA 1839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

R E & M Services Pty Ltd

(AG2022/1452)

R E & M Services Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 6 JUNE 2022

Application for approval of the R E & M Services Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the R E & M Services Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made by R E & M Services Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2022. The nominal expiry date of the Agreement is 6 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

R E & M Services Pty Ltd applied to the Fair Work Commission for the approval of the R E & M Services Pty Ltd Enterprise Agreement 2022, under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement covering manufacturing and associated industries. The Commission was required to determine whether the agreement met the criteria for approval under sections 186, 187, 188, and 190 of the Act, and whether the written undertakings provided by the employer were acceptable.

The Commissioner found that the employer had provided written undertakings which were not likely to cause financial detriment to any employee covered by the agreement or result in substantial changes to the agreement. The views of each person known to be a bargaining representative for the agreement were sought in relation to the undertakings, and no objections were raised. The Commissioner accepted the undertakings and was satisfied that the requirements of the Act had been met. The agreement was approved and will operate from 13 June 2022, with a nominal expiry date of 6 June 2026.

The Fair Work Commission approved the R E & M Services Pty Ltd Enterprise Agreement 2022, subject to the written undertakings provided by the employer. The agreement will operate from 13 June 2022, with a nominal expiry date of 6 June 2026. The Commissioner found that the agreement met the criteria for approval under the Fair Work Act 2009, and that the written undertakings were acceptable. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established