DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rylea Engineering Services Pty Ltd
(AG2018/2007)

RYLEA ENGINEERING SERVICES P/L FABRICATION, CONSTRUCTION AND MAINTENANCE COLLECTIVE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 24 AUGUST 2018

Application for approval of the RYLEA ENGINEERING SERVICES P/L Fabrication, Construction and Maintenance Collective Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RYLEA ENGINEERING SERVICES P/L Fabrication, Construction and Maintenance Collective Bargaining 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 Rylea Engineering Services 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rylea Engineering Services Pty Ltd applied for approval of the Rylea Engineering Services P/L Fabrication, Construction and Maintenance Collective Bargaining Agreement 2017. The application was heard by the Fair Work Commission, with the applicant being represented by Mr C.J. O’Connell and the respondent, Australian Manufacturing Workers’ Union, by Mr M.J. Slattery. The dispute centred on the terms and conditions outlined in the proposed collective agreement and whether it met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement was consistent with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the court had to examine whether the agreement complied with the requirements for good faith bargaining and the overall fairness of the terms proposed. The court needed to determine if the agreement adequately represented the interests of the employees and if it provided for a fair and reasonable set of conditions.

In reaching its decision, the court considered the nature of the bargaining process, the content of the agreement, and whether it reflected the principles of fairness and good faith. The court also took into account the submissions made by both parties and any relevant precedents. Ultimately, the court concluded that the agreement met the statutory requirements and was fair and reasonable. It was approved based on the evidence presented, which demonstrated that the agreement was the product of genuine negotiations between the parties and was in the best interests of the employees involved.

The court ordered the approval of the Rylea Engineering Services P/L Fabrication, Construction and Maintenance Collective Bargaining Agreement 2017, effective from the date of the decision. This approval signifies that the agreement is now legally binding on the parties and sets the terms and conditions for the employment of the workers covered by the agreement.

Rylea Engineering Services 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