DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMD Industries Pty Ltd T/A Pratco Industries
(AG2018/5931)

PRATCO INDUSTRIES ENTERPRISE AGREEMENT 2018 - 2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 28 MARCH 2019

Application for approval of the Pratco Industries Enterprise Agreement 2018 - 2020.

[1] Application has been made for approval of a single enterprise agreement known as the Pratco Industries Enterprise Agreement 2018 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RMD Industries Pty Ltd T/A Pratco Industries.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved a dispute between RMD Industries Pty Ltd, trading as Pratco Industries, and the Australian Manufacturing Workers' Union (AMWU). The dispute pertained to the application for approval of the Pratco Industries Enterprise Agreement 2018-2020. The AMWU had objected to the proposed agreement, arguing that it did not meet the necessary standards under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with resolving this matter.

The central legal issues before the Commission were whether the proposed agreement was in the best interests of the employees, complied with the requirements of the Fair Work Act, and met the relevant criteria for approval. Specifically, the Commission had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included appropriate dispute resolution mechanisms. The AMWU argued that the agreement did not adequately protect employees' rights and conditions, while RMD Industries maintained that the agreement was fair and reasonable.

In reaching its decision, the Commission considered the submissions from both parties and reviewed the provisions of the proposed agreement. The Commission found that while the agreement contained certain provisions that were not in the best interests of the employees, overall, the agreement did provide for fair and reasonable terms and conditions of employment. The Commission also found that the agreement contained adequate dispute resolution mechanisms. Consequently, the Commission approved the Pratco Industries Enterprise Agreement 2018-2020, subject to certain modifications to address the AMWU's concerns. The modifications included changes to the agreement's provisions on redundancy payments and the inclusion of a clause ensuring that employees were not disadvantaged by the agreement.

The final orders of the Commission were that the Pratco Industries Enterprise Agreement 2018-2020 be approved, subject to the modifications made to address the AMWU's concerns. The parties were directed to provide written confirmation of their acceptance of the modified agreement within 14 days of the decision. The Commission's decision was binding on both parties and would govern the terms and conditions of employment for the employees covered by the agreement for the period 2018-2020.

RMD Industries Pty Ltd T/A Pratco Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established