DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rota Die International Pty Ltd
(AG2017/6084)

ROTA DIE INTERNATIONAL ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2018

Application for approval of the Rota Die International Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rota Die International Enterprise Agreement 2017 (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] 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, 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rota Die International Pty Ltd was the subject of an application for the approval of the Rota Die International Enterprise Agreement 2017. The applicant, the Australian Manufacturing Workers' Union, sought approval of the agreement, while the employer, Rota Die International, opposed the application. The matter was heard by the Fair Work Commission. The dispute centred around whether the agreement was appropriate for approval under the Fair Work Act 2009, particularly in relation to the provisions governing the terms and conditions of employment.

The primary legal issue for the Commission was whether the agreement provided for the fair and efficient operation of the enterprise, taking into account the principles of the Fair Work Act, including the protection of employees' rights and interests, and the need for fair and efficient industrial relations. A secondary issue was whether the agreement provided for the fair and efficient operation of the enterprise, taking into account the principles of the Fair Work Act, including the protection of employees' rights and interests, and the need for fair and efficient industrial relations.

The Commission found that the agreement was fair and appropriate for approval, noting that it provided for a range of protections for employees, including provisions relating to wages, leave, and the resolution of disputes. The Commission also found that the agreement provided for the fair and efficient operation of the enterprise, taking into account the principles of the Fair Work Act, including the protection of employees' rights and interests, and the need for fair and efficient industrial relations. The Commission therefore approved the agreement, subject to certain modifications.

The final orders of the Commission were that the Rota Die International Enterprise Agreement 2017 be approved, with modifications to certain provisions relating to the calculation of overtime rates and the resolution of disputes. The modifications were designed to ensure that the agreement provided for the fair and efficient operation of the enterprise, taking into account the principles of the Fair Work Act, including the protection of employees' rights and interests, and the need for fair and efficient industrial relations. The employer and the union were directed to take all necessary steps to give effect to the approved agreement.

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