Rema Tip Top Industrie Pty Ltd

[2014] FWCA 4258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rema Tip Top Industrie Pty Ltd
(AG2014/1500)

REMA TIP TOP INDUSTRIE PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Mining industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 27 JUNE 2014

Application for approval of the Rema Tip Top Industrie Australia Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for the approval of an enterprise agreement known as the Rema Tip Top Industrie Australia Pty Ltd Single Enterprise Agreement 2014 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”).

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

[3] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rema Tip Top Industrie Australia Pty Ltd, sought approval of the Rema Tip Top Industrie Australia Pty Ltd Single Enterprise Agreement 2014 from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for the company's employees. The nature of the dispute centred around the fairness and appropriateness of the terms outlined in the agreement, particularly in relation to the employment of casual workers within the company.

The legal issues before the court required examination of whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement was free from prohibited content, adequately protected the rights and interests of employees, and appropriately addressed the specific needs of the workplace. The court also needed to determine if the agreement was the product of genuine bargaining between the employer and employees, as required by the legislation.

In delivering its decision, the Fair Work Commission examined the contents of the agreement and the process by which it was negotiated. The court found that the agreement was free from prohibited content and appropriately safeguarded the rights and interests of the employees. Furthermore, the commission confirmed that the agreement was the result of genuine bargaining and met the statutory requirements for approval. Consequently, the court approved the Rema Tip Top Industrie Australia Pty Ltd Single Enterprise Agreement 2014.

The Fair Work Commission's final order was that the Rema Tip Top Industrie Australia Pty Ltd Single Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. This ruling ensures that the terms and conditions of employment for the company's employees are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established