DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rema TipTop Industrie Pty Ltd
(AG2015/3284)

REMA TIP TOP INDUSTRIE PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Mining industry
COMMISSIONER WILLIAMS	PERTH, 27 AUGUST 2015

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

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rema Tip Top Industrie Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Rema Tip Top Industrie Pty Ltd (the applicant). The Agreement is a single-enterprise agreement.

[2] This matter was the subject of a hearing on 26 August 2015. Directions issued to the applicant required the notice of listing for the hearing to be provided to all employees and the evidence is that has been complied with. The notice of listing invited enquires about this matter be directed to my chambers’ email address but none have been received by the Commission and no employees attended the hearing.

[3] Ms Fernando, the HR Manager for the applicant, gave evidence as to the preparation for and conducting of the vote and the voting result.

[4] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is varied by excluding clause 10-CPI Annual Review for the financial year commencing 1 July 2015 and ending 30 June 2016 and by amending clause 18.1 by deleting the words “80 hours per work” and replacing them with “76 hours per week”.

[6] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

Rema TipTop Industrie Pty Ltd was a party in an application concerning a variation to the Rema Tip Top Industrie Pty Ltd Single Enterprise Agreement 2014. The application was brought before the Fair Work Commission. The nature of the dispute was about the proposed changes to the existing enterprise agreement, which was a central issue between the employer and the employees represented by the union.

The legal issues before the Commission involved determining whether the proposed changes to the enterprise agreement were fair and reasonable and if the necessary processes were followed in making the application. The Commission had to assess whether the application met the criteria under the Fair Work Act 2009, including whether the changes were in the interests of the employees, whether proper consultation occurred, and if the application process was followed correctly.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed changes to the enterprise agreement were fair and reasonable. The Commission determined that the application process was correctly followed and that proper consultation had occurred between the employer and the union. The Commission concluded that the changes would be in the best interest of the employees and allowed the variation of the enterprise agreement. The decision was based on the balance of interests and the overall fairness of the changes proposed. The Commission's decision was detailed and addressed each of the legal issues raised in the application.

Rema TipTop 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