DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RLA Polymers Pty Ltd
(AG2021/6196)

RLA POLYMERS PTY LTD KILSYTH ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 20 JULY 2021

Application for approval of the RLA Polymers Pty Ltd Kilsyth Employees Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RLA Polymers Pty Ltd Kilsyth Employees Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RLA Polymers Pty Ltd. The Agreement is a single enterprise agreement.

[2] A written undertaking has been given in accordance with section 190 of the Act. A copy of the undertaking 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RLA Polymers Pty Ltd to have the RLA Polymers Pty Ltd Kilsyth Employees Agreement 2020 approved as a single-employer enterprise agreement. The application arose from the need to standardise employment terms for the company's employees working at the Kilsyth site. The primary legal issues centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith, provided for genuine bargaining, and included provisions that aligned with the Fair Work Act's objectives.

In addressing these issues, the Commission examined the process through which the agreement was negotiated and the content of the agreement itself. It assessed whether the employer had engaged in genuine bargaining with the employees' representatives and whether the agreement was made without coercion. The Commission also considered whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the principles of the Fair Work Act. The evidence presented included submissions from both the employer and the employees' representatives, detailing their positions on the negotiation process and the agreement's provisions.

The Fair Work Commission concluded that the RLA Polymers Pty Ltd Kilsyth Employees Agreement 2020 met the necessary criteria for approval. It found that the employer had engaged in genuine bargaining and that the agreement was made without coercion. The Commission determined that the agreement provided for fair and reasonable terms and conditions that aligned with the objectives of the Fair Work Act. Consequently, the application for approval was granted, and the agreement was registered as a single-employer enterprise agreement.

No further orders were made by the Commission beyond the approval and registration of the agreement. This decision confirmed the validity of the agreement and ensured that the terms and conditions of employment for the employees at the Kilsyth site were legally recognised and enforceable.

RLA Polymers 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