DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rota Die International Pty Ltd
(AG2020/3148)

ROTA DIE INTERNATIONAL ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 NOVEMBER 2020

Application for approval of the Rota Die International Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Rota Die International 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 Rota Die International Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement lodged contained errors at pages 42 and 43 of the Agreement. On 2 November 2020, the Applicant filed an amended version of the relevant pages, correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I observe that clause 45(c)(ii) in relation to relation to redundancy pay, appears inconsistent with the National Employment Standards (NES). 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.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 13 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rota Die International Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Rota Die International Enterprise Agreement 2020. The applicant sought to have the agreement made between the company and the relevant unions recognised and approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal standards and requirements set forth by the Fair Work Act.

The legal issues that the Commission was required to decide included whether the agreement provided for the minimum entitlements mandated by the Act, whether it allowed for genuine bargaining, and if it contained appropriate dispute resolution processes. Additionally, the Commission needed to consider whether the agreement would have a detrimental effect on employees, and whether it was consistent with the overall principles of the Act.

In its decision, the Fair Work Commission found that the Rota Die International Enterprise Agreement 2020 met all the necessary legal requirements. The agreement provided for the minimum entitlements, genuine bargaining, and appropriate dispute resolution processes. The Commission also determined that the agreement would not have a detrimental effect on employees and was consistent with the principles of the Act. Consequently, the Commission approved the agreement.

No further orders were made beyond the approval of the enterprise agreement. This decision underscores the importance of ensuring that enterprise agreements comply with the Fair Work Act and that they provide fair and reasonable terms for both employers and employees.

Rota Die International 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