RMD Industries Pty Ltd Summary

[2014] FWCA 6832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMD Industries Pty Ltd
(AG2014/7583)

AMWU AND RMD INDUSTRIES PTY LTD, TRADING AS DOWNEE (VIC.) COLLECTIVE BARGAINING AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 SEPTEMBER 2014

Application for approval of the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.) Collective Bargaining Agreement 2014-2018.

[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 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by RMD Industries Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 7 October 2014. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RMD Industries Pty Ltd, trading as Downee (Vic.), applied to the Fair Work Commission for approval of a new collective bargaining agreement with the Australian Manufacturing Workers' Union (AMWU). The AMWU and the company had reached an agreement in principle and submitted it to the Commission for formal approval. The application was made under the Fair Work Act 2009, which mandates that such agreements be registered if they meet certain criteria.

The legal issues before the Commission were whether the agreement complied with the statutory requirements and whether it was in the interests of the employees and the employer. The Commission needed to consider if the agreement provided fair and reasonable terms and conditions, if it adhered to the prescribed minimum standards, and if it was negotiated in good faith. Additionally, the Commission had to assess whether the agreement facilitated workplace harmony and productivity.

The Fair Work Commission found that the agreement was compliant with the statutory provisions and was negotiated in good faith. The terms and conditions of the agreement were deemed fair and reasonable, and it was concluded that the agreement would promote workplace harmony and productivity. The Commission took into account the parties' representations and the evidence presented, which demonstrated that the agreement was reached after a period of extensive negotiations. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the collective bargaining agreement.

The Fair Work Commission approved the AMWU and RMD Industries Pty Ltd, trading as Downee (Vic.), Collective Bargaining Agreement 2014-2018. The approval was effective from the date of the decision and would remain in force until the specified end date of the agreement, or until terminated or varied by the parties or by a subsequent agreement. The Commission's decision provided certainty for the parties and their employees, allowing them to operate under the agreed terms and conditions for the duration of the agreement.

RMD Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established