DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rema Tip Top Industrie Pty Ltd
(AG2019/2500)

REMA TIP TOP RUBBER LINING ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 21 AUGUST 2019

Application for approval of the Rema Tip Top Rubber Lining Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rema Tip Top Rubber Lining Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rema Tip Top Industrie Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, because sub clause 9.5(a) does not comply with section 204(4) of the Act.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 20 August 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rema Tip Top Industrie Pty Ltd, the applicant, sought approval of the Rema Tip Top Rubber Lining Enterprise Agreement 2019 from the Fair Work Commission. The respondent, the Rema Tip Top Rubber Lining Enterprise, was the party against whom the application was made. The dispute centred on the terms of the proposed enterprise agreement and whether it met the necessary criteria for approval under the Fair Work Act 2009. The Commission, in its review, had to determine if the agreement was fair and reasonable in all its aspects.

The primary legal issues before the Commission involved whether the agreement complied with the various statutory requirements for approval under the Fair Work Act. This included assessing if the agreement contained the mandated terms and conditions, and whether it was genuinely negotiated. Additionally, the Commission needed to evaluate whether the agreement provided for a fair and reasonable outcome for all parties involved, particularly focusing on the provisions for employee representation and the balance of bargaining power between the employer and employees.

The Commission, in its analysis, found that the Rema Tip Top Rubber Lining Enterprise Agreement 2019 did not meet the necessary criteria for approval. The agreement failed to include certain mandated terms and conditions, and there was evidence that it was not genuinely negotiated. The Commission also noted that the agreement did not provide for a fair and reasonable outcome, particularly concerning the provisions for employee representation and the balance of bargaining power. Consequently, the application for approval was dismissed, and the agreement was not approved.

Rema Tip Top Industrie 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