DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RUAG Australia
(AG2015/5959)

RUAG AUSTRALIA ENTERPRISE AGREEMENT AIRPORT WEST SITE 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the RUAG Australia Enterprise Agreement Airport West Site 2015.

[1] An application has been made for approval of an enterprise agreement known as the RUAG Australia Enterprise Agreement Airport West Site 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RUAG Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 17 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RUAG Australia for the approval of the RUAG Australia Enterprise Agreement Airport West Site 2015. The dispute centred around the proposed terms and conditions of employment for employees at the Airport West site, including issues related to wages, working hours, leave entitlements, and other employment matters. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it included genuine bargaining, and whether it complied with the statutory minimum standards set out in the Fair Work Act. The Commission also needed to assess if the agreement was in the best interests of the employees, considering factors such as its fairness, clarity, and practicality. Additionally, the Commission had to determine whether the agreement adequately protected the rights and interests of the employees.

In its decision, the Fair Work Commission considered the evidence provided by both parties, including submissions from RUAG Australia and the employees' representative. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the bargaining process was genuine. The Commission also determined that the agreement met the statutory minimum standards and was in the best interests of the employees, as it was fair, clear, and practical. The Commission approved the agreement, noting that it adequately protected the rights and interests of the employees, and was in line with the principles of the Fair Work Act.

The Fair Work Commission approved the RUAG Australia Enterprise Agreement Airport West Site 2015, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and to meet the statutory minimum standards set out in the Fair Work Act. The approval of the agreement ensures that employees at the Airport West site are covered by a legally binding enterprise agreement that protects their rights and interests.

RUAG Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established