DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ryco Hydraulics Pty Ltd
(AG2015/3143)

RYCO HYDRAULICS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 JULY 2015

Application for approval of the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RYCO Hydraulics Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by RYCO Hydraulics Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the employee bargaining representatives with respect to these undertakings and I am satisfied that the employee bargaining representatives do not object to the undertakings.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 16 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the matter of Ryco Hydraulics Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the 2014 Employee Collective Agreement. The applicant, Ryco Hydraulics Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement met the statutory requirements for approval, particularly in terms of its compliance with the provisions of the Fair Work Act and the Fair Work Regulations. The Court was tasked with determining if the agreement provided adequate protections and benefits to the employees and if it adhered to the legal standards for a lawful and fair workplace agreement.

The legal issues before the Commission included whether the agreement complied with the requirements for employee representation, the proper process for bargaining and negotiation, and the provisions for minimum entitlements such as wages, leave, and other conditions of employment. The Commission also had to consider if the agreement provided for proper dispute resolution mechanisms and whether it met the criteria for being a "better off overall" agreement compared to the applicable award or safety net. The central question was whether the agreement could be deemed fair and compliant under the statutory framework established by the Fair Work Act.

The Fair Work Commission, in its decision, closely examined the provisions of the 2014 Employee Collective Agreement. The Commission noted that the agreement had been negotiated between the employer and the employees' representatives, and it appeared to cover all employees within the scope of the bargaining unit. The Commission found that the agreement provided for adequate minimum entitlements and had incorporated provisions that ensured a fair and reasonable workplace. Furthermore, the Commission confirmed that the agreement included appropriate mechanisms for dispute resolution and that it was likely to be better off overall for the employees when compared to the applicable award. Based on these findings, the Commission approved the agreement under the Fair Work Act.

The final orders of the Fair Work Commission were that the 2014 Employee Collective Agreement between Ryco Hydraulics Pty Ltd and its employees be approved and registered, effective from the date of the decision. The Commission's approval was contingent upon the agreement being registered with the Fair Work Commission within the prescribed timeframe, as per the Fair Work Regulations. This decision provided legal certainty to both the employer and the employees, ensuring that the terms and conditions of employment were fair and legally compliant.

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