Rotometrics Australia Pty Ltd

[2022] FWCA 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rotometrics Australia Pty Ltd

(AG2022/1074)

Rotometrics Australia Pty Limited Production and Manufacturing Employees Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2022

Application for the approval of Rotometrics Australia Pty Limited Production and Manufacturing Employees Enterprise Agreement 2021

Rotometrics Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Rotometrics Australia Pty Limited Production and Manufacturing Employees Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 22 April 2022 and, in accordance with s 54, will operate from 29 April 2022. The nominal expiry date of the Agreement is 22 April 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rotometrics Australia Pty Ltd sought approval of an enterprise agreement with its employees, a matter heard by the Fair Work Commission. The company, a manufacturer, aimed to establish terms and conditions for its production and manufacturing staff, encapsulated in the Rotometrics Australia Pty Limited Production and Manufacturing Employees Enterprise Agreement 2021. The application faced scrutiny over its compliance with the Fair Work Act 2009, focusing on whether the agreement met the prerequisites for approval under the legislation.

The primary legal issues revolved around whether the agreement contained all the necessary provisions as required by the Fair Work Act, and whether it had been fairly negotiated. Specifically, the court needed to determine if the agreement adequately addressed all the permissible topics and if the process of negotiation was bona fide and in good faith. The fairness of the agreement, particularly concerning the protection of employees' interests, was also a critical consideration.

In its reasoning, the commission acknowledged that the agreement was comprehensive, covering essential topics such as wages, hours of work, and other conditions of employment. It was noted that the agreement had been negotiated in good faith, with both parties engaging in a process that was transparent and inclusive. The commission concluded that the agreement was fair and met all statutory requirements, thus granting approval. The decision underscored the importance of ensuring that enterprise agreements strike a balance between the interests of employers and employees, while complying with legislative mandates.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established