DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rotafab Pty Ltd
(AG2019/1587)

ROTAFAB PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 MAY 2019

Application for approval of the Rotafab Pty Ltd Workshop Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rotafab Pty Ltd Workshop Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rotafab 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.

[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] 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.

[5] I note that Clauses 20 – Personal Leave is inconsistent with the National Employment Standards as it provides restrictions on the amount of leave an employee may take and provides potentially less personal leave accrual per day. Given the National Employment Standards precedence clause at clause 7.7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rotafab Pty Ltd applied for approval of the Rotafab Pty Ltd Workshop Enterprise Agreement 2019. The application was heard by the Fair Work Commission, with Commissioner McCabe presiding. The applicant, Rotafab Pty Ltd, sought the approval of the agreement which was negotiated between the company and its employees. The employees were represented by the Australian Manufacturing Workers' Union.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the requirements for registration under section 233 of the Act. The Commission considered whether the agreement contained all the mandated minimum terms and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission examined if the agreement facilitated the efficient operation of the workplace and if it was appropriately certified.

The Commission determined that the agreement was made in good faith, without coercion, and contained all the mandated minimum terms and conditions. The agreement was also found to facilitate the efficient operation of the workplace. The Commission was satisfied that the agreement met the requirements for registration under section 233 of the Fair Work Act 2009. Consequently, the Commission approved the Rotafab Pty Ltd Workshop Enterprise Agreement 2019.

The final orders of the Commission were that the Rotafab Pty Ltd Workshop Enterprise Agreement 2019 be and is approved, and that it be registered in the Register of Approved Agreements. The agreement was to take effect from the date of the Commission's approval.

Rotafab 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