DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remi Mechanical Plant Installation Pty Ltd
(AG2020/2567)

REMI MECHANICAL METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 26 OCTOBER 2020

Application for approval of the Remi Mechanical Metals Labour Hire Agreement 2019-2023.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) has been made for approval of an enterprise agreement known as the Remi Mechanical Metals Labour Hire Agreement 2019-2023 (the Agreement). It has been made by Remi Mechanical Plant Installation Pty Ltd. The agreement is a single enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) filed a Form F18 statutory declaration advising that it supported approval of the agreement and advising it was a bargaining representative for the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the AMWU.

[5] The Agreement is approved will operate from 2 November 2020 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves an application by Remi Mechanical Plant Installation Pty Ltd for approval of the Remi Mechanical Metals Labour Hire Agreement 2019-2023. The application was heard by the Fair Work Commission (FWC). The primary dispute centred around whether the proposed agreement met the necessary standards under the Fair Work Act 2009, particularly in terms of its compliance with the modern awards and other applicable laws.

The legal issues that the FWC had to resolve were whether the agreement provided for appropriate minimum rates of pay, leave entitlements, penalty rates, and other terms and conditions that were no less favourable than those required by the modern awards. The FWC also considered whether the agreement was made in good faith and if it adhered to the requirements of procedural fairness. Additionally, the FWC examined if the agreement contained any clauses that might be considered unfair or unjust.

In reaching its decision, the FWC meticulously reviewed the provisions of the agreement against the benchmarks set by the relevant modern awards. The Commission determined that the proposed agreement largely met the required standards and did not include any unfair or unjust clauses. The FWC found that the agreement provided for terms and conditions that were at least as favourable as those stipulated by the modern awards, and it was satisfied that the agreement had been made in good faith and with procedural fairness. Consequently, the FWC approved the agreement, deeming it compliant with the Fair Work Act 2009.

The final orders of the FWC were to approve the Remi Mechanical Metals Labour Hire Agreement 2019-2023, subject to the conditions and terms as outlined in the decision. The agreement was to be registered and would be in effect from the specified date, governing the employment conditions of the parties involved.

Remi Mechanical Plant Installation 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