Rota Die International Pty Ltd

[2024] FWCA 578

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rota Die International Pty Ltd

(AG2024/153)

ROTA DIE INTERNATIONAL ENTERPRISE AGREEMENT 2023.

Graphic Arts
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the Rota Die International Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Rota Die International Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rota Die International Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

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.

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) I note that the Agreement covers the organisation. The AMWU supports approval of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 42 – Compassionate Leave;
·           Clause 41(g) – Personal Leave; and
·           Public Holidays and Parental Leave provisions.

However, noting clause 6 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rota Die International Pty Ltd sought approval of the Rota Die International Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees within the company's workforce. The legal issues before the Commission centred on whether the proposed agreement met the legislative requirements for approval and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement covered the correct bargaining unit, provided for adequate pay and conditions, and did not unfairly disadvantage any employee.

The Commission considered the evidence presented by both parties, examining the drafting and negotiation process of the agreement. It assessed the agreement's provisions against the criteria set out in the Fair Work Act, including the requirement that the agreement must provide for fair and reasonable terms and conditions. The Commission also took into account submissions from interested parties, including the employees and the employer. Ultimately, the Commission found that the agreement met the necessary legislative requirements and did not unfairly disadvantage any employees. It was satisfied that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment.

Consequently, the Fair Work Commission approved the Rota Die International Enterprise Agreement 2023. The approval was effective from the date of the decision, and the agreement became applicable to the relevant employees and employers. This decision ensures that the terms and conditions of employment within the company are governed by the approved agreement, providing a framework for future industrial relations within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established