RMD Industries Pty Ltd T/A Downee Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of the Australian Industrial Relations Commission, the matter of the application for approval of the Australian Manufacturing Workers' Union (AMWU) and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2021-2024 was heard. The primary dispute arose between the AMWU, representing the employees, and RMD Industries Pty Ltd, the employer. The AMWU sought approval of the proposed collective agreement, which outlined the terms and conditions of employment for the employees within the company for the period from 2021 to 2024.

The legal issues before the Commission were primarily concerned with whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms, whether it aligned with the principles of the national workplace relations system, and whether it was in the best interests of the employees involved. The Commission also examined whether the agreement appropriately balanced the rights and obligations of both the employer and the employees.

In delivering the decision, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to provide fair and reasonable terms, taking into account the specific circumstances and needs of the employees within RMD Industries Pty Ltd. The Commission also determined that the agreement complied with the overarching principles of the national workplace relations system and was in the best interests of the employees. The balance of rights and obligations between the employer and the employees was considered appropriate and fair, leading to the conclusion that the agreement should be approved.

Consequently, the Commission approved the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2021-2024, subject to any necessary registration with the Fair Work Commission. This approval ensures that the terms and conditions set forth in the agreement will govern the employment relationship between the AMWU and RMD Industries Pty Ltd for the specified period.

RMD Industries Pty Ltd T/A Downee

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established