R.M. Williams Pty Ltd

[2025] FWCA 1565

[2025] FWCA 1565

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

R.M. Williams Pty Ltd

(AG2025/1098)

R.M.WILLIAMS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 9 MAY 2025

Application for approval of the R.M.Williams Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the R.M. Williams Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.M. Williams Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘R.M Williams Pty Ltd Enterprise Agreement 2021’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be terms of the Agreement.

1. Clause 10.8 of the Agreement does not include a reference to compassionate leave for still birth or miscarriage which may be inconsistent with the National Employment Standards (NES). Noting clause 5.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 16 May 2025. The nominal expiry date of the Agreement is 1 August 2027.

COMMISSIONER

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