RCR Laser Pty Ltd

[2018] FWCA 5942

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

RCR Laser Pty Ltd

(AG2018/2125)

RCR Laser Pty Ltd Tullamarine Victoria Agreement 2018-2022

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 21 SEPTEMBER 2018

Application for approval of the RCR Laser Pty Ltd Tullamarine Victoria Agreement 2018-2022.

An application has been made for approval of an enterprise agreement known as the RCR Laser Pty Ltd Tullamarine Victoria Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Laser Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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.

Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

The Agreement was approved on 21 September 2018 and, in accordance with s.54, will operate from 28 September 2018. The nominal expiry date of the Agreement is 30 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, RCR Laser Pty Ltd, sought approval for an industrial agreement with its employees, as required by section 234 of the Fair Work Act 2009. The applicant is a business operating in the industrial laser cutting and fabrication industry. The dispute centred on the terms of the proposed industrial agreement, which was to cover the period from 2018 to 2022. The application for approval was heard by the Fair Work Commission, specifically the delegate of the President of the Commission, Deputy President McCallum.

The central legal issue before the court was whether the proposed agreement complied with the requirements of section 234 of the Act and whether the agreement was in the best interests of the employees. This involved scrutiny of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters. The court had to ensure that the agreement did not undermine the existing protections for employees and that it was negotiated in good faith.

Deputy President McCallum found that the proposed agreement complied with the requirements of the Fair Work Act. The Deputy President considered the agreement's provisions and concluded that it provided for fair and reasonable terms and conditions of employment. The Deputy President also determined that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for all parties involved. The Deputy President approved the agreement, finding that it met the necessary criteria under the Act.

As a result of the Deputy President's decision, the RCR Laser Pty Ltd Tullamarine Victoria Agreement 2018-2022 was approved, and the applicant was authorised to implement the terms of the agreement with its employees. The Deputy President's decision provides clarity on the requirements for industrial agreements under the Fair Work Act and sets a precedent for future applications of this nature.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established