DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RLA Polymers Pty Ltd
(AG2018/4717)

RLA POLYMERS PTY LTD KILSYTH ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2019

Application for approval of the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RLA Polymers Pty Ltd Kilsyth 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 RLA Polymers Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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] 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 was approved on 16 January 2019 and, in accordance with s.54, will operate from 23 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RLA Polymers Pty Ltd, represented by its directors, applied for the approval of the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2018. The applicant sought the Commission's approval of the proposed agreement, which was to be made under the Fair Work Act 2009. The application was made on the basis that the agreement had been negotiated in good faith, contained the required minimum terms and conditions, and complied with the relevant legislative provisions.

The primary legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval. This included whether the agreement had been negotiated in good faith, contained the required minimum terms and conditions, and complied with the relevant legislative provisions. The Commission also needed to consider whether the agreement was in the best interests of the employees and if it provided a safety net that was not less favourable than the applicable award or safety net provided by the National Employment Standards.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement had been negotiated in good faith and contained the required minimum terms and conditions. The Commission determined that the agreement was in the best interests of the employees and provided a safety net that was not less favourable than the applicable award or safety net provided by the National Employment Standards. The Commission approved the RLA Polymers Pty Ltd Kilsyth Enterprise Agreement 2018 and ordered that it be registered with the Fair Work Commission. The applicant was directed to take all necessary steps to give effect to the approved agreement.

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