Ryco Hydraulics Pty Ltd

[2023] FWCA 3099

[2023] FWCA 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ryco Hydraulics Pty Ltd

(AG2023/3189)

RYCO HYDRAULICS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 26 SEPTEMBER 2023

Application for approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ryco Hydraulics Pty Ltd. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023. Given the notification time for the Agreement was 30 March 2023, the transitional arrangements for the Amending Act provide that the genuine agreement requirements in Part 2-4 of the Act as they stood just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 31 August 2023 the better off overall test provisions in Part 2-4 of the Act as amended on 6 June 2023 apply.

1. 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.

1. 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.

1. I observe that clauses 10.3 and 10.4 of the Agreement, which relate to casual conversion, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 of the Agreement, 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 Agreement was approved on 26 September 2023 and, in accordance with s.54, will operate from 3 October 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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