RYCO Hydraulics Pty Ltd

Case [2021] FWCA 1988


[2021] FWCA 1988
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

RYCO Hydraulics Pty Ltd
(AG2021/4421)

RYCO HYDRAULICS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries

COMMISSIONER WILSON

MELBOURNE, 13 APRIL 2021

Application for approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2020 (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.

[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.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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<AE511063  PR728556>

Details
AGLC
RYCO Hydraulics Pty Ltd [2021] FWCA 1988
Case
[2021] FWCA 1988
Decision Date

CaseChat Overview and Summary

The parties involved in the application were RYCO Hydraulics Pty Ltd and the Australian Manufacturing Workers' Union. The nature of the dispute was an application for the approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2020. The case was heard in the Fair Work Commission of Australia. The legal issues that the court was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, and whether the process for the agreement's creation was fair and compliant with the relevant provisions.

The court's reasoning and outcome were based on the evidence presented by both parties. The court examined the agreement and the process by which it was created, considering whether it met the statutory requirements for approval. The court found that the agreement was in compliance with the Fair Work Act 2009 and that the process for its creation was fair and compliant with the relevant provisions. The court approved the agreement, finding that it met all necessary requirements. The final orders of the court were that the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2020 be approved, subject to any necessary modifications to ensure compliance with the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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