DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rylea Engineering Services Pty Ltd
(AG2021/6055)

RYLEA ENGINEERING SERVICES P/L FABRICATION, CONSTRUCTION AND MAINTENANCE COLLECTIVE BARGAINING AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2021

Application for approval of the Rylea Engineering Services P/L Fabrication, Construction and Maintenance Collective Bargaining Agreement 2021.

[1] Rylea Engineering Services Pty Ltd has made an application for approval of an enterprise agreement known as the Rylea Engineering Services P/L Fabrication, Construction and Maintenance Collective Bargaining Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 July 2021 and, in accordance with s 54, will operate from 26 July 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512295 PR731797>
Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of Rylea Engineering Services Pty Ltd involved the company seeking approval for a new collective bargaining agreement. The agreement in question pertained to the fabrication, construction, and maintenance sectors, and was proposed for the year 2021. The Commission was tasked with assessing whether the agreement complied with the provisions of the Fair Work Act 2009 and met the requirements for being a modern award. The legal issues at hand centred on whether the proposed agreement was consistent with the overarching objectives of the Act, including ensuring fair work conditions and maintaining harmonious industrial relations.

The Commission examined several key aspects of the agreement, including the terms of employment, the classification of employees, the conditions of work, and the dispute resolution mechanisms. It was crucial that the agreement did not undermine the rights and protections afforded to employees under the Act. The Commission also considered the fairness and reasonableness of the agreement, taking into account the views of both the employer and the employees. After thorough deliberation, the Commission found that the proposed agreement met the necessary criteria and was in line with the Act’s objectives. It was approved as a modern award, thereby formalising the terms of employment for the specified sectors within the company.

In summary, the Commission's decision was based on a comprehensive evaluation of the proposed agreement against the legal framework set out in the Fair Work Act 2009. The approval of the agreement signifies a formal recognition of the negotiated terms, ensuring that both parties’ rights and obligations are legally upheld. This decision provides clarity and certainty for the employer and employees involved, fostering a stable and productive industrial relationship.

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