DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roll Surface Technologies Pty Limited
(AG2016/5682)

ROLL SURFACE TECHNOLOGIES - THE AUSTRALIAN WORKERS’ UNION (WESTERN PORT) AGREEMENT 2016 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Roll Surface Technologies - The Australian Workers’ Union (Western Port) Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Roll Surface Technologies - The Australian Workers’ Union (Western Port) Agreement 2016 - 2019 (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. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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. 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Roll Surface Technologies Pty Limited applied for the approval of the Roll Surface Technologies – The Australian Workers’ Union (Western Port) Agreement 2016 - 2019. The applicant, a company operating in the manufacturing sector, sought to have the proposed agreement, which aimed to regulate the terms and conditions of employment for its workers, formally recognised and approved by the Commission. The Australian Workers’ Union, representing the employees, also supported the application, indicating an agreement had been reached between the parties.

The primary legal issues the Commission had to address involved determining whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. This included assessing if the agreement provided for genuine bargaining, whether it complied with the "better off overall test" ensuring that employees were not worse off financially, and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission also needed to consider whether the agreement was consistent with the principles of industrial conciliation and arbitration.

The Commission examined the evidence presented by both parties and the content of the agreement. It found that the agreement had been negotiated in good faith, with both parties participating in genuine bargaining. The Commission confirmed that the agreement satisfied the "better off overall test," as it provided for a fair and reasonable improvement in the terms and conditions of employment for the employees. The Commission further concluded that the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. As a result, the Commission approved the proposed agreement, deeming it to be a valid and binding instrument for the specified period.

The Fair Work Commission approved the Roll Surface Technologies – The Australian Workers’ Union (Western Port) Agreement 2016 - 2019, effective from 1 March 2016 until 31 December 2019. This decision ensures that the agreed terms and conditions of employment for the workers are legally recognised and enforceable during the specified period.

Roll Surface Technologies 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