DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RYCO Hydraulics Pty Ltd
(AG2017/4183)

RYCO HYDRAULICS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 11 JANUARY 2018

Application for approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2017 (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] The Applicant 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] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RYCO Hydraulics Pty Ltd for the approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2017. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant, RYCO Hydraulics, sought to have the agreement registered, while the respondent, the Fair Work Commission, was tasked with determining if the agreement complied with the legislative standards.

The key legal issues before the Commission were whether the agreement provided for a fair and reasonable process for resolving disputes between the parties and whether it complied with the other procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess if the agreement was made in good faith, if it contained the mandated minimum terms and conditions, and if it was consistent with the broader objectives of the Fair Work Act, including the protection of employees' rights.

After considering the arguments and evidence presented by both parties, the Commission concluded that the Employee Collective Agreement 2017 met the statutory requirements for approval. The Commission found that the agreement provided for a fair and reasonable dispute resolution process and included all the mandated minimum terms and conditions. The agreement was also deemed to be consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement under section 234 of the Act.

As a result of the Commission's decision, the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2017 was registered, and the application was successful. The agreement was deemed to be a valid and legally enforceable instrument, effective from the date of registration.

RYCO 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