RMS Manufacturing Pty Ltd Summary

[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.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RMS Manufacturing Pty Ltd applied for approval of an enterprise agreement with its employees for the period 2024-2028. The application was made under section 180 of the Fair Work Act 2009. The applicants argued that the proposed agreement met the criteria for registration under the Act, as it provided for fair and reasonable terms and conditions of employment, and the agreement was certified as "not unsuitable" by the Fair Work Commission.

The legal issues before the court included whether the agreement met the criteria for registration, specifically whether it provided for fair and reasonable terms and conditions of employment and whether it was certified as "not unsuitable" by the Fair Work Commission. The court had to consider the provisions of the agreement and the certification process in determining whether the agreement met the statutory requirements.

The court found that the agreement met the criteria for registration under the Act. The agreement provided for fair and reasonable terms and conditions of employment, and the certification process was properly followed. The court was satisfied that the agreement was in the best interests of the employees and the employer, and it approved the application for registration. The court's decision was based on the evidence presented and the statutory requirements for enterprise agreements.

The court made an order approving the RMS Manufacturing Pty Ltd Enterprise Agreement 2024-2028 as a registered agreement under section 180 of the Fair Work Act 2009. The order was made on the basis that the agreement met the criteria for registration and was in the best interests of the employees and the employer. The agreement is now legally binding on the parties and will remain in effect until it is terminated or replaced by a new agreement.

RMS Manufacturing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established