DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTM (Aus) Pty Ltd T/A RTM (Aus) Pty Ltd
(AG2018/5669)

AG2018/5669 -RTM (AUS) PTY LTD ENTERPRISE AGREEMENT 2018- 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 FEBRUARY 2019

Application for approval of the RTM (Aus) Pty Ltd Enterprise Agreement 2018- 2022.

[1] An application has been made for approval of an enterprise agreement known as the RTM (Aus) Pty Ltd Enterprise Agreement 2018- 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RTM (Aus) Pty Ltd T/A RTM (Aus) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2019. The nominal expiry date of the Agreement is 24 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RTM (Aus) Pty Ltd trading as RTM (Aus) Pty Ltd, applied for approval of the RTM (Aus) Pty Ltd Enterprise Agreement 2018-2022. The applicant applied for the approval of the agreement under section 230 of the Fair Work Act 2009, claiming that it was a simple, fair and efficient agreement that met the requirements of the Act. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not meet the requirements of the Act and should not be approved.

The legal issues before the Commission were whether the agreement was a simple, fair and efficient agreement and whether it complied with the provisions of the Fair Work Act. The Commission considered the provisions of the Act and the evidence presented by both parties. The Commission found that the agreement was a simple, fair and efficient agreement that met the requirements of the Act. The Commission also found that the agreement complied with the provisions of the Act, including the provisions relating to minimum wages and conditions, and that it did not contain any terms that were contrary to the public interest.

The Commission approved the RTM (Aus) Pty Ltd Enterprise Agreement 2018-2022, finding that it was a simple, fair and efficient agreement that met the requirements of the Act and complied with the provisions of the Act. The Commission considered the evidence presented by both parties and the provisions of the Act in making its decision. The Commission also noted that the agreement provided for a fair and reasonable outcome for both parties and that it was in the best interests of the employees and the employer. The Commission made orders approving the agreement and setting out the terms and conditions of the agreement.

RTM (Aus) Pty Ltd T/A RTM (Aus) 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