DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMS Manufacturing Pty Ltd
(AG2019/3638)

RMS MANUFACTURING PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 15 OCTOBER 2019

Application for approval of the RMS Manufacturing Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the RMS Manufacturing Pty Ltd Enterprise Agreement 2019-2023 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) recently dealt with an application for the approval of an enterprise agreement made between RMS Manufacturing Pty Ltd and their employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The FWC, exercising its powers under section 233 of the Act, was tasked with determining the validity of the agreement.

The primary legal issue before the FWC was whether the agreement contained all the mandated terms and conditions as required by section 230 of the Act. Specifically, the court had to examine if the agreement was free from prohibited content and whether it provided for a process for resolving disputes. Additionally, the FWC considered whether the agreement was made in good faith and if it had been sufficiently bargain between the parties. The FWC also had to ensure that the agreement included a genuine attempt to facilitate the productivity of the enterprise.

In its decision, the FWC carefully reviewed the agreement clause by clause, confirming that all mandatory terms were present and correctly formulated. The FWC found that the agreement was free from any prohibited content and that it provided adequate mechanisms for dispute resolution. The commission also concluded that the agreement was made in good faith and reflected a genuine attempt to facilitate productivity. Having satisfied all statutory requirements, the FWC approved the RMS Manufacturing Pty Ltd Enterprise Agreement 2019-2023. This approval was effective from the date specified in the agreement, binding all parties as per the terms outlined.

RMS Manufacturing 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