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RTM Pty Ltd

RTM Pty Ltd

Case [2014] FWCA 2192

Collective Agreement

Approval of Enterprise Agreement

Fair Work Act

Employment & Labour Law

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[2014] FWCA 2192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTM Pty Ltd
(AG2014/447)

RTM PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 APRIL 2014

Application for approval of the RTM Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RTM Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 10 April 2014. The nominal expiry date of the Agreement is 4 years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Details

AGLC: RTM Pty Ltd [2014] FWCA 2192
Case: [2014] FWCA 2192
Decision Date: 3 APRIL 2014

CaseChat Overview and Summary

RTM Pty Ltd was the applicant in an application before the Fair Work Commission (FWC) seeking approval of the RTM Pty Ltd Enterprise Agreement 2014-2018. The respondents were the Transport Workers Union of Australia, the Retail and Fast Food Workers Union, and the Australian Manufacturing Workers Union. The dispute centred around the terms and conditions of employment for workers under the proposed enterprise agreement.

The legal issues before the FWC involved the fairness and compliance of the proposed agreement with relevant legislation and standards. Key points of contention included the classification of employees, the conditions of employment, and the application of various awards and agreements. The FWC had to determine whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly focusing on the agreement's coverage, the process of its negotiation, and its compliance with the 'better off overall test'. Additionally, the FWC considered the impact of the proposed agreement on the rights and protections of the employees.

The FWC found that the proposed agreement was fair and met the necessary requirements under the Fair Work Act. The commission emphasised that the agreement had been negotiated in good faith and that the process adhered to the statutory provisions. The FWC also concluded that the agreement was better off overall for the employees, taking into account the improved pay and conditions. Consequently, the FWC approved the RTM Pty Ltd Enterprise Agreement 2014-2018, determining it to be compliant and fair.

Orders