Ruffin Hydraulics Pty Ltd

[2022] FWCA 4407

[2022] FWCA 4407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ruffin Hydraulics Pty Ltd

(AG2022/5012)

RUFFIN HYDRAULICS Metal Engineering Workshop and Site Agreement 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 14 DECEMBER 2022

Application for approval of the RUFFIN HYDRAULICS Metal Engineering Workshop and Site Agreement 2021-2024

1. An application has been made for approval of an enterprise agreement known as the RUFFIN HYDRAULICS Metal Engineering Workshop and Site Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ruffin Hydraulics Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Notice of Employee Representational Rights (NERR) provided to employees was in the correct form specified in s.174(1A), however, it unnecessarily included optional paragraphs that ought to have been removed. By not removing the unnecessary paragraphs, the NERR is not inconsistent with s.174 (1A) and further is a minor procedural error consistent with s.188 (2)(a) that does not disadvantage employees in terms of whether the agreement was genuinely agreed.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the undertaking in Annexure A, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Manufacturing Workers' Union 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.

1. The Agreement is approved and in accordance with s.54, will operate from 21 December 2022. The nominal expiry date of the Agreement is 15 June 2024. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518566  PR748906>

Annexure A