RMD Industries Pty Ltd T/A Downee (Vic)

[2025] FWCA 535

[2025] FWCA 535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RMD Industries Pty Ltd T/A Downee (Vic)

(AG2024/5239)

AMWU AND RMD INDUSTRIES PTY LTD, TRADING AS DOWNEE (VIC.) COLLECTIVE BARGAINING AGREEMENT 2024-2027

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the AMWU and RMD Industries Pty Ltd, Trading as Downee (Vic.) Collective Bargaining Agreement 2024-2027

1. RMD Industries Pty Ltd Trading As Downee (Vic) (the Employer) has made an application for approval of an enterprise agreement known as the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 15 May 2024 and the Agreement was made on 12 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. Subject to the undertakings referred to above, and 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, 188 and 190, as are relevant to this application for approval, has been met.

1. I observe that the following provision is likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 24: Public holidays (gazetted days)

1. However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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 FW 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.

1. The Agreement is approved and, in accordance with s.54, will operate from 18 February 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE527987  PR784216>

Annexure A