Rcr Heat Treatment Pty Ltd Summary

[2024] FWCA 3055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rcr Heat Treatment Pty Ltd

(AG2024/2950)

RCR HEAT TREATMENT PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 20 AUGUST 2024

Application for approval of the RCR Heat Treatment Pty Ltd Enterprise Agreement 2023

Rcr Heat Treatment Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the RCR Heat Treatment Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. No objection was raised to the undertaking. Subject to the undertakings referred to, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 4 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 August 2024. The nominal expiry date of the Agreement is 20 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved RCR Heat Treatment Pty Ltd, which sought approval of its 2023 enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an Australian federal statutory court with jurisdiction over employment and workplace relations issues. The dispute centred on whether the agreement met the legal requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues were whether the enterprise agreement complied with the statutory criteria for approval, specifically if it was fair and reasonable having regard to the circumstances of the employees and the business. The Fair Work Act requires that an agreement must provide for fair and reasonable terms and conditions of employment. This involves a consideration of factors such as the nature of the business, the bargaining power of the parties, and the interests of the employees. The applicant needed to demonstrate that the agreement provided for fair and reasonable terms, and the Commission needed to assess if the agreement met these standards.

The Fair Work Commission found that the enterprise agreement was fair and reasonable. The Commission considered the nature of the business, the bargaining power of the parties, and the interests of the employees. It was noted that the agreement contained provisions that addressed key employment terms and conditions, including pay rates, hours of work, and dispute resolution mechanisms. The Commission was satisfied that the agreement was a genuine product of negotiations and that it provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the enterprise agreement, and it will now be binding on the parties from the date of the approval. The agreement will provide the framework for the terms and conditions of employment for the employees of RCR Heat Treatment Pty Ltd. This decision ensures that the agreement will be in effect, providing clarity and stability in the employment relationship between the company and its employees.

Rcr Heat Treatment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established