RMS Manufacturing Pty Ltd
[2024] FWCA 3434
•2 OCTOBER 2024
| [2024] FWCA 3434 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
RMS Manufacturing Pty Ltd
(AG2024/3122)
RMS MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2024 - 2028
| Electrical power industry | |
| COMMISSIONER WILSON | MELBOURNE, 2 OCTOBER 2024 |
Application for approval of the RMS Manufacturing Pty Ltd Enterprise Agreement 2024 - 2028
An application has been made for approval of an enterprise agreement known as the RMS Manufacturing Pty Ltd Enterprise Agreement 2024 – 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMS Manufacturing Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 22 July 2024 and the Agreement was made on 12 August 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.
Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 26A of the Electrical, Electronic & Communications Contracting Industry Award 2020 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2024. The nominal expiry date of the Agreement is 9 October 2028.
COMMISSIONER
Annexure A
[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 Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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