DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roo and Oz Sheetmetal Pty Ltd
(AG2020/3392)

ROO & OZ SHEETMETAL PTY LTD DANDENONG SOUTH ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 3 DECEMBER 2020

Application for approval of the Roo & Oz Sheetmetal Pty Ltd Dandenong South Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Roo & Oz Sheetmetal Pty Ltd Dandenong South Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roo and Oz Sheetmetal Pty Ltd. 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 26.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and in accordance with s.54, will operate from 10 December 2020. The nominal expiry date of the Agreement is 2 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Roo and Oz Sheetmetal Pty Ltd for the approval of the Dandenong South Enterprise Agreement 2020. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The parties included the employer, Roo and Oz Sheetmetal Pty Ltd, and the relevant employee representatives. The employer sought to have the agreement recognised as a registered enterprise agreement, which would apply to a specific group of employees.

The key legal issues before the Commission were whether the agreement was genuinely an enterprise agreement and whether it complied with the procedural requirements outlined in the Fair Work Act. The Commission examined the process through which the agreement was negotiated, whether it involved genuine bargaining, and if it was made in good faith. The employer argued that the agreement had been negotiated fairly and met all statutory requirements, while the employee representatives raised concerns about the process and certain terms of the agreement.

In delivering its decision, the Commission noted that the agreement had been negotiated in accordance with the statutory requirements. It found that there was evidence of genuine bargaining and that the process had been conducted in good faith. The Commission also examined the specific terms of the agreement and determined that they did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Dandenong South Enterprise Agreement 2020 as a registered enterprise agreement.

The final orders of the Commission were that the Dandenong South Enterprise Agreement 2020 be approved and registered under section 173 of the Fair Work Act. This decision effectively means that the agreement will apply to the relevant employees, setting out their terms and conditions of employment.

Roo and Oz Sheetmetal 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