RMD Industries Pty Ltd T/A Downee

[2021] FWCA 6876

[2021] FWCA 6876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMD Industries Pty Ltd T/A Downee
(AG2021/8120)

AMWU AND RMD INDUSTRIES PTY LTD, TRADING AS DOWNEE (VIC.) COLLECTIVE BARGAINING AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2021-2024

[1] An application has been made for approval of an enterprise agreement known as the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMD Industries Pty Ltd T/A Downee. 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. 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 ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement covers all employees of the employer and I am satisfied that the requirements in ss.186(3) and (3A) have been met.

[4] RMD Industries Pty Ltd gave an undertaking with respect to declared public holidays listed at clause 24 of the Agreement. I am satisfied that the undertaking meets the requirements of s.115(1)(b) of the Act and does not result in substantial changes to the Agreement. The undertaking forms part of the Agreement as varied and is attached to this decision at Annexure A.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 3 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A