DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTM Engineering Pty Ltd
(AG2017/3544)

RTM ENGINEERING PTY LTD ENTERPRISE BARGAINING AGREEMENT

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 12 OCTOBER 2017

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

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

[2] The Applicant 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 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2017. The nominal expiry date of the Agreement is 19 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RTM Engineering Pty Ltd, sought approval of an Enterprise Bargaining Agreement (EBA) with its employees. The dispute centred around the terms of the proposed EBA, specifically those related to the classification of employees and their entitlements. The respondents, represented by the Australian Manufacturing Workers' Union, contested the classification of certain employees as well as other conditions outlined in the proposed EBA. The legal issues before the Commission involved determining whether the proposed EBA complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) as required by the Act.

The Commission examined the proposed EBA to ensure it adhered to the statutory requirements and provided a fair and reasonable outcome for the employees. The Commission assessed the classification of employees and their entitlements against the provisions of the Fair Work Act and relevant industrial instruments. In determining whether the EBA satisfied the BOOT criteria, the Commission considered whether the proposed agreement provided employees with a minimum of the existing terms and conditions of employment, as well as any improvements in their overall remuneration and conditions. After thorough analysis, the Commission found that the proposed EBA complied with the statutory requirements and met the BOOT criteria.

Consequently, the Commission approved the proposed EBA, finding it to be a genuine agreement that provided a fair and reasonable outcome for the employees. The approval of the EBA ensures that the terms and conditions of employment for the employees of RTM Engineering Pty Ltd are governed by the provisions of the approved agreement, providing certainty and stability in the workplace. The Commission's decision provides a clear framework for the parties to follow in their future negotiations and ensures compliance with the relevant industrial legislation.

RTM Engineering 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