DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAM Fabrication & Welding Services Pty Ltd
(AG2015/1243)

RAM FABRICATION AND WELDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 1 JUNE 2015

Application for approval of the RAM Fabrication and Welding Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RAM Fabrication and Welding Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RAM Fabrication & Welding Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 1 June 2015 and, in accordance with s.54, will operate from 8 June 2015. The nominal expiry date of the Agreement is 1 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the case of RAM Fabrication & Welding Services Pty Ltd involved an application for the approval of the RAM Fabrication and Welding Services Pty Ltd Enterprise Agreement 2015. The applicant, RAM Fabrication & Welding Services Pty Ltd, sought the approval of the agreement under the Fair Work Act 2009. The respondents, represented by the Australian Manufacturing Workers’ Union, contested the application on several grounds, primarily arguing that the agreement did not meet the requirements of the Act.

The central legal issue before the Commission was whether the Enterprise Agreement in question complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the necessary terms and conditions, including minimum entitlements, and whether it had been fairly negotiated. The respondents also raised concerns about the fairness of the agreement's provisions relating to redundancy and the classification of employees.

The Commission examined the Enterprise Agreement clause by clause and assessed whether it adhered to the legislative requirements. It was found that the agreement contained all the mandated terms and conditions, and the provisions related to redundancy and employee classification were deemed fair. The Commission concluded that the agreement had been negotiated in good faith and met the criteria for approval under the Fair Work Act 2009. Consequently, the application for approval was granted, and the RAM Fabrication and Welding Services Pty Ltd Enterprise Agreement 2015 was approved as compliant with the Act.

RAM Fabrication & Welding Services 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