DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.M. Williams Pty Ltd
(AG2021/4880)

R.M. WILLIAMS PTY LTD ENTERPRISE AGREEMENT 2021

Clothing industry
COMMISSIONER PLATT	ADELAIDE, 4 MAY 2021

Application for approval of the R.M. Williams Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the R.M. Williams Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by R.M. Williams Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 3 May 2021 and has been determined on the papers.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved R.M. Williams Pty Ltd, a company in the apparel industry, and a union representing its employees. The dispute centred around the proposed Enterprise Agreement 2021. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval. The union argued that the proposed terms and conditions were fair and reasonable, while R.M. Williams contended that certain provisions did not comply with the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for the terms and conditions of employment, was made in good faith, and did not predetermine the outcome of future bargaining. Another key issue was whether the agreement provided adequate protections for employees, particularly in terms of redundancy and termination provisions.

The Commission carefully considered the evidence presented by both parties. It examined the terms of the agreement, the bargaining process, and the specific concerns raised by the union. The Commission concluded that the agreement was made in good faith and met the statutory requirements for approval. It found that the provisions, including those related to redundancy and termination, were fair and reasonable. The Commission approved the Enterprise Agreement 2021, recognising it as a genuine effort to balance the interests of both employers and employees.

The Fair Work Commission's decision resulted in the approval of the R.M. Williams Pty Ltd Enterprise Agreement 2021. This determination sets a precedent for future enterprise agreements within the company and provides clarity on the application of the Fair Work Act in similar disputes.

R.M. Williams Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established