RTM Engineering Pty Ltd

[2022] FWCA 2372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RTM Engineering Pty Ltd

(AG2022/1546)

RTM Engineering Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 15 JULY 2022

Application for approval of the RTM Engineering Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the RTM Engineering Pty Ltd Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RTM Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

RTM Engineering Pty Ltd applied to the Fair Work Commission for approval of the RTM Engineering Pty Ltd Enterprise Agreement 2022, which was negotiated with the Australian Manufacturing Workers’ Union. The dispute centred on whether the agreement was consistent with the Fair Work Act 2009 and whether it met the requirements for a single-enterprise agreement, including provisions regarding pay rates, conditions, and dispute resolution mechanisms.

The key legal issues addressed by the Commission involved the agreement's compliance with the statutory framework, including whether it provided for minimum terms and conditions, was free from prohibited content, and did not unfairly discriminate against any class of employees. The Commission also examined whether the agreement contained appropriate dispute resolution provisions and whether the negotiation process was conducted in good faith and without coercion.

In its decision, the Commission found that the agreement was consistent with the requirements of the Act. It concluded that the agreement provided for minimum terms and conditions, did not contain any prohibited content, and did not unfairly discriminate against any group of employees. The Commission also determined that the agreement included appropriate dispute resolution mechanisms and that the negotiation process had been conducted in good faith. Therefore, the Commission approved the agreement.

The Commission's final orders were that the RTM Engineering Pty Ltd Enterprise Agreement 2022 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of RTM Engineering Pty Ltd as specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established