DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMC Signalling and Electrical Pty Ltd
(AG2020/3092)

RMC SIGNALLING AND ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER WILLIAMS	PERTH, 10 NOVEMBER 2020

Application for approval of the RMC Signalling and Electrical Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RMC Signalling and Electrical Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMC Signalling and Electrical Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Rail, Tram and Bus Industry 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) of the Act 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 17 November 2020. The nominal expiry date of the Agreement is 9 November 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RMC Signalling and Electrical Pty Ltd applied for the approval of the RMC Signalling and Electrical Pty Ltd Enterprise Agreement 2019. The application arose following negotiations between the company and the union representing its employees, which aimed to establish the terms and conditions of employment for the workforce. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including the provisions for minimum wages, entitlements, and other employment standards.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the mandatory requirements of the Fair Work Act. This involved examining whether the agreement provided for minimum wages and conditions as stipulated by the relevant awards and whether it contained any terms that were contrary to public policy. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a proper process for resolving disputes.

The Fair Work Commission found that the proposed agreement largely complied with the statutory requirements. The agreement was deemed to be made in good faith, and the terms provided for minimum wages and conditions as required by the relevant awards. While there were some minor procedural issues, they did not detract from the overall compliance of the agreement. Consequently, the Commission approved the RMC Signalling and Electrical Pty Ltd Enterprise Agreement 2019, subject to certain conditions that addressed the identified procedural issues.

The Fair Work Commission approved the RMC Signalling and Electrical Pty Ltd Enterprise Agreement 2019, effective from 1 July 2019. The approval was subject to the company addressing the identified procedural issues and ensuring compliance with any future amendments to the relevant awards or legislation.

RMC Signalling and Electrical 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