DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMK Industries Pty Ltd
(AG2021/5259)

RMK INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 7 JUNE 2021

Application for approval of the RMK Industries Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the RMK Industries Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMK Industries Pty Ltd. 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 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 14 June 2021. The nominal expiry date of the Agreement is 6 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RMK Industries Pty Ltd was the subject of an application to the Fair Work Commission, where the company sought approval of its Enterprise Agreement for the years 2021 to 2025. The nature of the dispute centred on whether the proposed terms of the agreement met the legal standards set out in the Fair Work Act 2009. The Commission was tasked with determining if the agreement was in the interests of the employees and the employer and if it complied with the provisions of the Act.

The legal issues before the Commission involved whether the terms of the agreement were "freely" negotiated, if they met the "better off overall test", and whether they adhered to the minimum standards prescribed by the Act. Additionally, the Commission had to consider if the agreement provided adequate protection for employees and if it was consistent with relevant industrial awards. These issues were pivotal in determining the validity and approval of the proposed Enterprise Agreement.

In its decision, the Commission found that the Enterprise Agreement was indeed freely negotiated and met the better off overall test. The agreement was deemed to comply with the minimum standards set by the Act and provided adequate protections for employees. The Commission also determined that the agreement was consistent with relevant industrial awards. Consequently, the Commission approved the Enterprise Agreement, finding it to be in the best interests of both the employees and the employer.

The Fair Work Commission approved the RMK Industries Pty Ltd Enterprise Agreement for the years 2021 to 2025, effective from the date of the decision. The Commission's approval was based on the finding that the agreement met all legal requirements and was beneficial for both the employees and the employer.

RMK Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established