DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rexnord Australia Pty Ltd
(AG2019/3057)

REXNORD PTY LIMITED - ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2019

Application for approval of the Rexnord Pty Limited - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rexnord Pty Limited - Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rexnord Australia Pty Ltd. 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 6 September 2019. The nominal expiry date of the Agreement is 31 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rexnord Australia Pty Ltd, applied to the Fair Work Commission for approval of the Rexnord Pty Limited - Enterprise Agreement 2018. The respondents, including unions and individual employees, contested the application, raising concerns about the fairness and compliance of the proposed agreement with relevant industrial laws. The matter was heard in the Fair Work Commission, which had to determine whether the agreement met the necessary standards for approval.

The key legal issues before the Commission involved whether the proposed enterprise agreement was genuinely negotiated and whether it contained terms that were fair and reasonable in all respects. The respondents argued that certain provisions of the agreement were not genuinely negotiated and did not meet the requirements of the Fair Work Act 2009. The Commission had to assess the process of negotiation and the content of the agreement against these criteria. The applicant, on the other hand, contended that the agreement was fairly negotiated and contained terms that were equitable and in line with legal standards.

The Commission examined the evidence provided by both parties and evaluated the negotiation process and the terms of the agreement. It found that the negotiation process was genuine and that the agreement contained terms that were fair and reasonable. The Commission concluded that the agreement was not only genuinely negotiated but also met all the necessary requirements under the Fair Work Act. Consequently, the Commission approved the Rexnord Pty Limited - Enterprise Agreement 2018.

Rexnord Australia 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