Roll Surface Technologies Pty Limited T/A Core/RST

[2020] FWCA 4303

[2020] FWCA 4303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roll Surface Technologies Pty Limited T/A Core/RST
(AG2020/2065)

CORE/RST - THE AUSTRALIAN WORKERS' UNION (WESTERN PORT) AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 AUGUST 2020

Application for approval of the Core/RST - The Australian Workers' Union (Western Port) Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Core/RST - The Australian Workers’ Union (Western Port) Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roll Surface Technologies Pty Limited T/A Core/RST. The Agreement is a single enterprise agreement.

[2] 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.

[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 application was not lodged within 14 days after the agreement was made. The application was instead lodged 299 days after it was made. The Employer submitted that it was their first time using the process. The Employer also stated that they had conflicting work priorities, and issues communicating with The Australian Workers’ Union.

[5] The Employer submitted that they are working under the provisions of the Agreement, and that there has been no change in the constitution of the workforce since the Agreement was made. Namely, that all 19 employees who cast a valid vote remain employed by the Employer. The Australian Workers’ Union confirmed that there has been no change in the workforce, and that there remains a majority support of the Agreement by employees. The Australian Workers’ Union also advised that they support the approval of the Agreement by the Commission. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Australian Workers’ Union 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508747  PR721857>

Annexure A