DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Renold Australia Pty Ltd T/A Renold Australia
(AG2017/968)

RENOLD AUSTRALIA - MULGRAVE FACTORY - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2017

Application for approval of the Renold Australia - Mulgrave Factory - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Renold Australia - Mulgrave Factory - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Renold Australia Pty Ltd T/A Renold Australia. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by Renold Australia Pty Ltd, trading as Renold Australia, for the approval of an Enterprise Agreement. The matter was heard in the Fair Work Commission, which has jurisdiction to approve, reject, or provisionally approve enterprise agreements under the Fair Work Act 2009. The agreement in question was the Renold Australia - Mulgrave Factory - Enterprise Agreement 2017, which was to be applied to the employees of Renold Australia's Mulgrave Factory. The application for approval was contested by the Australian Manufacturing Workers' Union, representing some of the employees.

The central legal issue before the court was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if the agreement was free from any illegality or unfairness. Additionally, the court examined whether the agreement had been made with sufficient employee and employer representative participation, and whether it provided for the proper protection of employee interests.

In considering the application, the court assessed the evidence and submissions from both parties, focusing on the negotiation process and the terms of the agreement. The court noted that the agreement had been negotiated over a period of time with active participation from both the employer and the union. The terms of the agreement were examined for compliance with the Fair Work Act, including provisions on wages, hours of work, leave entitlements, and other employment conditions. The court found that the agreement was made in good faith, contained all the necessary minimum terms, and did not exhibit any illegality or unfairness. Furthermore, the court concluded that the agreement provided adequate protection for the employees' interests and met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Renold Australia - Mulgrave Factory - Enterprise Agreement 2017. The decision was made on the basis that the agreement fulfilled the legal criteria for approval under the Fair Work Act, and the court determined that it was fair and appropriate in all respects. This approval allows the agreement to be enforced as a legally binding contract between Renold Australia and the relevant employees, setting out their terms and conditions of employment.

Renold Australia Pty Ltd T/A Renold Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established