DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Heat Treatment Pty Ltd
(AG2019/4954)

RCR HEAT TREATMENT PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 FEBRUARY 2020

Application for approval of the RCR Heat Treatment Pty Ltd Enterprise Agreement 2019.

[1] RCR Heat Treatment Pty Ltd has made an application for the approval of an enterprise agreement known as the RCR Heat Treatment Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 26 February 2020 and, in accordance with s 54, will operate from 4 March 2020. The nominal expiry date of the Agreement is 26 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by RCR Heat Treatment Pty Ltd for the approval of their Enterprise Agreement 2019. The application was made under the Fair Work Act 2009, and the dispute arose from negotiations between the employer and the employees represented by the Australian Manufacturing Workers' Union. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval.

The central legal issues before the Commission included whether the agreement provided for the fair and efficient resolution of workplace disputes, and whether it contained adequate provisions for the protection of employee rights and interests. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act, including those relating to minimum entitlements and the protection of vulnerable employees.

The Fair Work Commission found that the Enterprise Agreement 2019 met the necessary requirements for approval. The Commission determined that the agreement provided for the fair and efficient resolution of workplace disputes and contained adequate provisions for the protection of employee rights and interests. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the Enterprise Agreement 2019, and it came into effect on the date of the Commission's decision.

The Fair Work Commission's decision was based on its finding that the Enterprise Agreement 2019 provided for a fair and efficient resolution of workplace disputes, and contained adequate provisions for the protection of employee rights and interests. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. The Commission approved the Enterprise Agreement 2019, and it came into effect on the date of the Commission's decision.

RCR Heat Treatment 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