RTM Engineering Pty Ltd

[2020] FWCA 1884

[2020] FWCA 1884

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTM Engineering Pty Ltd
(AG2020/617)

RTM ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 8 APRIL 2020

Application for approval of the RTM Engineering Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RTM Engineering Pty Ltd Enterprise Agreement 2020 (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).

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, Queensland State Secretary of 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 the AMWU wants the Agreement to cover it.

[4] 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.

[5] I observe that the following provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 20.1 – Personal/Carers leave

•  Clause 21.2 – Annual leave

•  Clause 28.8 – Notice of Termination

[6] The Applicant has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] 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.

[8] In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE507719  PR718178>

Annexure A.