DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roblan Pty Ltd
(AG2021/9311)

ROBLAN PTY LIMITED ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 2 FEBUARY 2022

Application for approval of the Roblan Pty Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Roblan Pty Limited Enterprise Agreement 2021 (Agreement). The application was made by Roblan Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] The steps taken to explain the terms of the Agreement and its effects in accordance with s.180(5) of the Act were declared in a Form F17 filed in support of the application. Having regard to all the material before the Commission, I am satisfied that the requirements in s.180(5) of the Act have been met.

[3] On the basis of the materials filed by the Applicant, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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 9 February 2022. The nominal expiry date of the Agreement is 2 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Roblan Pty Ltd, an employer, sought approval of the Roblan Pty Limited Enterprise Agreement 2021 from the Fair Work Commission (FWC). The agreement, negotiated between the employer and a union, was intended to govern the employment conditions of workers at the employer's construction site. The union, as the applicant, argued that the agreement fairly reflected the employment relationship and met the criteria for approval under the Fair Work Act 2009 (Cth).

The legal issues before the FWC included whether the agreement complied with the procedural and substantive requirements for an enterprise agreement under the Act. Procedurally, the FWC needed to determine if the agreement was genuinely negotiated and if the union had the requisite majority support. Substantively, the FWC had to assess whether the agreement included terms that were fair and reasonable, considering the various interests of the parties, including those of the employees.

The FWC found that the agreement was genuinely negotiated and supported by a majority of the employees. It further held that the terms of the agreement were fair and reasonable, taking into account the economic and social context, as well as the interests of the employees. The FWC was satisfied that the agreement did not disadvantage the employees in a significant way and that it provided for a fair resolution of the employment issues. Consequently, the FWC approved the Roblan Pty Limited Enterprise Agreement 2021.

The FWC ordered that the agreement be registered and become a legally binding enterprise agreement between Roblan Pty Ltd and the union, effective from the date of approval. The agreement was to be provided to all employees and any other person with an interest in the agreement. The FWC also ordered that the agreement would be binding on the parties for a period of four years from the date of approval, unless terminated earlier in accordance with the terms of the agreement or the Act.

Roblan 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