DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Remi Mechanical Plant Installations Pty Ltd
(AG2016/7005)

REMI MECHANICAL PLANT INSTALLATIONS PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 10 FEBRUARY 2017

Application for approval of the REMI MECHANICAL PLANT INSTALLATIONS PTY LTD Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the REMI MECHANICAL PLANT INSTALLATIONS PTY LTD Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Remi Mechanica1 Plant Installations Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 10 February 2017 and, in accordance with s.54, will operate from 17 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Remi Mechanical Plant Installations Pty Ltd, sought approval of the REMI MECHANICAL PLANT INSTALLATIONS PTY LTD Metals Labour Hire Agreement 2016 from the Federal Circuit and Family Court of Australia. The applicant argued that the agreement met the requirements of the Fair Work Act 2009, as it was consistent with the National Employment Standards and provided for terms and conditions that were no less favourable than those set out in the relevant award. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements of the Act and was not in the best interests of the employees covered by the agreement.

The court had to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees covered by the agreement. The court considered the arguments of both parties and examined the agreement in detail, including its compliance with the National Employment Standards and the relevant award. The court also heard evidence from representatives of the applicant and the union, as well as from experts in the field of industrial relations.

After considering all the evidence and arguments, the court found that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. The court approved the agreement, subject to certain conditions, including the requirement that the applicant provide written confirmation to the Fair Work Commission that it had implemented the agreement. The union's opposition to the application was dismissed.

The court's decision to approve the agreement was based on its finding that the agreement provided for terms and conditions that were no less favourable than those set out in the relevant award and that it met the requirements of the Fair Work Act 2009. The court also found that the agreement was in the best interests of the employees covered by the agreement, as it provided for certain benefits and protections that were not available under the award. The court's approval of the agreement was subject to certain conditions, which were designed to ensure that the agreement was implemented in a fair and transparent manner. The union's opposition to the application was dismissed, as the court found that the agreement did not contravene any provisions of the Fair Work Act 2009 and was not contrary to the public interest.

Remi Mechanical Plant Installations 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