DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rotometrics Australia Pty Ltd
(AG2018/5977)

ROTOMETRICS AUSTRALIA PTY LIMITED PRODUCTION AND MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 4 JUNE 2019

Application for approval of the Rotometrics Australia Pty Ltd Production and Manufacturing Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rotometrics Australia Pty Ltd Production and Manufacturing Employees Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rotometrics Australia 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 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 section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and, in accordance with s.54, will operate from 11 June 2019. The nominal expiry date of the Agreement is 11 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rotometrics Australia Pty Ltd was a party to an enterprise agreement, and sought approval of a new version of the agreement, the Production and Manufacturing Employees Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements of the Act, and whether it contained all the mandatory terms required by the Act. Specifically, the Commission had to consider whether the agreement had been fairly negotiated, and whether it provided for the minimum entitlements prescribed by the Act, including minimum wages, penalty rates, leave entitlements, and other conditions of employment.

The Commission found that the agreement had been fairly negotiated and met all the procedural requirements of the Act. The Commission also found that the agreement contained all the mandatory terms required by the Act, and that it provided for minimum entitlements that were no less favourable than those provided for by the relevant awards. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased wages and improved leave entitlements. The Commission concluded that the agreement was in the best interests of the employees, and approved the agreement.

The Commission made an order approving the Production and Manufacturing Employees Enterprise Agreement 2018, which is to be registered by the Registrar of the Fair Work Commission. The order is to be effective from the date of registration, and will replace the previous version of the agreement. The order is binding on all parties to the agreement, including Rotometrics Australia Pty Ltd and the relevant employees.

Rotometrics Australia 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