DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robowash Pty Ltd
(AG2016/1684)

ROBOWASH PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Robowash Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Robowash Pty Ltd 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 Robowash 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case are Robowash Pty Ltd and their employees represented by the Australian Manufacturing Workers' Union. The dispute concerns the approval of the Enterprise Agreement 2016. The matter was heard in the Fair Work Commission.

The legal issues the court had to decide involved whether the agreement met the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion. The court also had to consider whether the agreement provided for minimum terms and conditions of employment and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

In its reasoning, the court noted that the agreement had been made in good faith, without coercion and contained all the necessary minimum terms and conditions. The court also found that the agreement was consistent with the relevant acts. The court approved the agreement based on these findings.

As a result of the court's decision, the Enterprise Agreement 2016 between Robowash Pty Ltd and the Australian Manufacturing Workers' Union was approved. The agreement is now legally binding for all employees covered by the agreement.

Robowash 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