DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ruffin Hydraulics Pty Ltd
(AG2018/5802)

RUFFIN HYDRAULICS METAL ENGINEERING WORKSHOP AND SITE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 12 MARCH 2019

Application for approval of the RUFFIN HYDRAULICS Metal Engineering Workshop and Site Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the RUFFIN HYDRAULICS Metal Engineering Workshop and Site Agreement 2018-2021 (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.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 15 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ruffin Hydraulics Pty Ltd sought approval from the Fair Work Commission for the Metal Engineering Workshop and Site Agreement 2018-2021. The application was made under the Fair Work Act 2009. The dispute centred around whether the proposed agreement complied with the relevant legislative requirements and the Commission's guidelines. The key legal issues revolved around the interpretation of the agreement terms, their compliance with statutory provisions, and whether the agreement met the threshold for "better off overall" in comparison to the applicable awards and conditions.

The Commission examined the proposed agreement provisions, including those pertaining to wages, hours of work, leave entitlements, and other employment conditions. It was essential to determine if these provisions provided employees with a "better off overall" outcome than what was available under the Metal and Engineering Enterprise Award 2010. The Commission also considered the nature of the changes proposed in the agreement and whether they were justified in terms of the objectives of the Fair Work Act, such as promoting flexibility, productivity, and simplification of the industrial relations system.

After careful consideration, the Fair Work Commission found that the proposed agreement did not meet the "better off overall" test. The Commission noted that while some employees would benefit from certain provisions, others would experience a deterioration in their conditions. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that all employees are genuinely better off under any proposed agreement, and that the balance of interests is carefully weighed in the context of the Fair Work Act's objectives. The Commission's decision was based on a thorough analysis of the agreement's provisions and their impact on the affected employees.

Ruffin Hydraulics 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