DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertshaw Australia Pty Limited
(AG2016/4043)

ROBERTSHAW AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Robertshaw Australia Pty Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Robertshaw Australia Pty Limited Enterprise Agreement 2016 (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] The Applicant 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.

[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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Robertshaw Australia Pty Limited, the employer, brought an application for approval of the Robertshaw Australia Pty Limited Enterprise Agreement 2016. The Australian Industrial Relations Commission heard the matter. The applicants sought approval of the agreement which was entered into with the Australian Manufacturing Workers' Union. The dispute centred on the interpretation and compliance of the proposed enterprise agreement with the Fair Work Act 2009. The court was tasked with determining whether the agreement met the requirements for approval, particularly focusing on the negotiation process and the fairness of the terms.

The primary legal issue before the court was whether the enterprise agreement was genuinely negotiated, as required by the Fair Work Act. The applicants argued that the agreement was the product of genuine bargaining, while the respondents raised concerns about the negotiation process. The court considered the definition of "genuinely bargained for" as outlined in the Fair Work Act, and whether the agreement was made in good faith and without duress. The court also examined the procedural fairness of the negotiation process and the terms of the agreement.

The court found that the agreement was genuinely negotiated and met all the statutory requirements for approval. The court was satisfied that the negotiation process was conducted in good faith and that there was no evidence of duress or unfair labour practices. The terms of the agreement were deemed fair and reasonable, and the court found no grounds to reject the application for approval. Consequently, the court granted the application and approved the Robertshaw Australia Pty Limited Enterprise Agreement 2016. This decision affirmed the legitimacy of the negotiation process and the terms of the agreement, providing certainty for both the employer and the employees.

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