RLA Polymers Pty Ltd

[2023] FWCA 1654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RLA Polymers Pty Ltd

(AG2023/1528)

RLA POLYMERS PTY LTD KILSYTH ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 7 JUNE 2023

Application for approval of the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2023.

RLA Polymers Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (the NES). However, noting clause 6.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union, 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 June 2023 and, in accordance with s.54, will operate from 14 June 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves RLA Polymers Pty Ltd and the Fair Work Commission, which was tasked with approving an enterprise agreement between the employer and its employees. The nature of the dispute centred on whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The legal issues that the Commission had to resolve included whether the agreement contained all the necessary terms as required by the Fair Work Act, whether the agreement provided for proper consultation with employees, and if the agreement allowed for adequate flexibility for future operational needs.

The Fair Work Commission began by examining the comprehensiveness of the proposed agreement, ensuring that it included all the mandated terms under the Fair Work Act. The Commission then considered whether the agreement had been developed through proper consultation processes, including whether the employer had engaged with the employees' representatives in a meaningful way. Additionally, the Commission assessed whether the agreement included provisions for necessary operational flexibility, allowing the employer to adapt to future business needs without extensive renegotiation.

After thorough consideration, the Fair Work Commission determined that the proposed enterprise agreement was compliant with the statutory requirements. The Commission found that all necessary terms were included, the consultation process was adequate, and the agreement provided sufficient flexibility. Consequently, the Commission approved the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2023. The decision was made on the basis that the agreement met the legal standards set by the Fair Work Act, thereby ensuring it was fair and balanced for both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established