DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertshaw Australia Pty Limited
(AG2018/4666)

ROBERTSHAW AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2018

Commercial sales
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2019

Application for approval of the Robertshaw Australia Pty Limited Enterprise Agreement2018.

[1] An application has been made for approval of an enterprise agreement known as the Robertshaw Australia Pty Limited Enterprise Agreement2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robertshaw Australia Pty Limited. 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 “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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Robertshaw Australia Pty Limited, an employer, applied for the approval of the Enterprise Agreement 2018 under the Fair Work Act 2009. The agreement was made between the employer and the employees, represented by the Electrical Trades Union of Australia. The union and the employer could not agree on the terms of the agreement, particularly regarding pay rates and conditions for certain employees. The matter was brought before the Fair Work Commission.

The key legal issue before the Fair Work Commission was whether the Enterprise Agreement 2018 met the criteria for approval under section 230 of the Fair Work Act. The employer argued that the agreement was made in good faith and without the coercion or improper influence of any party. The union contended that certain provisions of the agreement did not meet the requirements of the Act because they did not provide adequate protection for employees' rights and conditions. The union further argued that the agreement was not made in good faith.

The Fair Work Commission found that the agreement had been made in good faith and without any improper influence or coercion. The Commission also found that the agreement met the requirements of the Act and provided adequate protection for employees' rights and conditions. The Commission approved the Enterprise Agreement 2018, noting that it provided for a fair and reasonable outcome for both the employer and employees. The union's objections were dismissed.

The Fair Work Commission approved the Enterprise Agreement 2018 and dismissed the union's objections. The agreement will now come into effect and bind all parties, providing a framework for the terms and conditions of employment for the employees represented by the union.

Robertshaw Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established