DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTM Engineering Pty Ltd
(AG2015/5125)

RTM ENGINEERING PTY LTD ENTERPRISE BARGAINING AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 OCTOBER 2015

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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 23 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RTM Engineering Pty Ltd applied for the approval of an Enterprise Bargaining Agreement (EBA) under the Fair Work Act 2009. The applicant sought the approval of a new EBA that would cover its employees, who were represented by the Australian Manufacturing Workers Union. The nature of the dispute centred around the fairness and compliance of the proposed EBA with the statutory requirements of the Fair Work Act. The application was heard in the Fair Work Commission.

The legal issues before the Commission included whether the proposed EBA complied with the procedural requirements of the Fair Work Act, including the necessity for genuine bargaining and the coverage of the agreement. The Commission also had to consider whether the terms and conditions of the EBA were fair and reasonable, particularly in relation to minimum wage rates, leave entitlements, and other employment conditions. The applicant needed to demonstrate that the agreement was made in good faith and that it was not contrary to the public interest.

The Commission found that the application met the procedural requirements of the Fair Work Act. It was satisfied that there had been genuine bargaining between the parties and that the EBA was not contrary to the public interest. The Commission also determined that the terms and conditions of the EBA were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The Commission approved the EBA, and it became effective from the date of the decision.

The Fair Work Commission approved the RTM Engineering Pty Ltd Enterprise Bargaining Agreement, effective from the date of the decision. The agreement covers the employees of RTM Engineering Pty Ltd, who are represented by the Australian Manufacturing Workers Union. The approved EBA includes provisions for minimum wage rates, leave entitlements, and other employment conditions, which the Commission found to be fair and reasonable.

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