Rota Die International Pty Ltd Summary

[2014] FWCA 8600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rota Die International Pty Ltd
(AG2014/8114)

ROTA DIE INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT 2014

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 1 DECEMBER 2014

Application for approval of the Rota Die International Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rota Die International Pty Ltd Enterprise Agreement 2014 (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 as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 December 2014 and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rota Die International Pty Ltd, the Fair Work Commission was called upon to assess the approval of an enterprise agreement. The applicant, Rota Die International Pty Ltd, sought approval for the Rota Die International Pty Ltd Enterprise Agreement 2014, which was intended to govern the employment terms and conditions of their employees. The legal issues before the Commission centred on whether the agreement complied with the relevant legislative requirements and if it provided fair and reasonable terms for the employees.

The Commission needed to determine if the agreement met the criteria outlined in the Fair Work Act 2009. This included examining whether the agreement had been made in accordance with the provisions of the Act, whether it provided for fair and reasonable terms and conditions, and if it had been genuinely negotiated between the employer and the employees. The Commission also had to consider if the agreement included appropriate provisions for employee representation and consultation. Given the importance of these matters, the Commission undertook a detailed examination of the agreement's contents and the process by which it was negotiated.

Upon reviewing the agreement and the process of its negotiation, the Commission found that the Rota Die International Pty Ltd Enterprise Agreement 2014 satisfied the requirements of the Fair Work Act 2009. The agreement was deemed to have been genuinely negotiated and included appropriate provisions for employee representation and consultation. Furthermore, the Commission was satisfied that the terms and conditions of the agreement were fair and reasonable for the employees involved. Consequently, the Commission approved the agreement, finding that it met all necessary statutory criteria.

The Fair Work Commission approved the Rota Die International Pty Ltd Enterprise Agreement 2014, confirming its compliance with the relevant legislative requirements and its provision of fair and reasonable terms for the employees. This decision ensures that the agreement will govern the employment conditions of the parties in accordance with the Fair Work Act 2009.

Rota Die International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established