Rema Tip Top Industrie Pty Ltd Summary

[2023] FWCA 1758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rema Tip Top Industrie Pty Ltd

(AG2023/1267)

REMA TIP TOP RUBBER LINING ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 16 JUNE 2023

Application for approval of the Rema Tip Top Rubber Lining Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Rema Tip Top Rubber Lining Enterprise Agreement 2023 (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.

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. The undertakings are taken to be a term of 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2023. The nominal expiry date of the Agreement is 16 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Rema Tip Top Industrie Pty Ltd involved the company seeking approval for the Rema Tip Top Rubber Lining Enterprise Agreement 2023. The matter was heard in the Fair Work Commission. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009, including its compliance with the safety net and other legislative provisions. The applicant argued that the agreement was necessary to ensure the business could operate effectively while maintaining fair terms for its employees.

The Commission examined the agreement's provisions, considering whether it provided for minimum wages and conditions, including entitlements for overtime, penalty rates, and leave. The Court also assessed if the agreement contained provisions that were consistent with the spirit of the Fair Work Act, particularly in terms of ensuring fairness and avoiding undercutting. The applicant contended that the agreement was necessary for its business viability, given the competitive market conditions and the need to attract and retain skilled workers.

In its decision, the Commission determined that the agreement substantially complied with the legislative requirements. The Court found that the agreement provided for the minimum entitlements required by law, and the provisions were not detrimental to the employees. The Commission highlighted the importance of the agreement in ensuring the company's ability to operate and compete in the market while maintaining fair terms for employees. Consequently, the Court approved the Rema Tip Top Rubber Lining Enterprise Agreement 2023.

Rema Tip Top Industrie Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established