24/7 RR Pty. Ltd

Case [2020] FWCA 7067


[2020] FWCA 7067
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

24/7 RR Pty. Ltd
(AG2020/3651)

24/7 RR PTY. LTD. ENTERPRISE AGREEMENT 2020

Miscellaneous

COMMISSIONER WILLIAMS

PERTH, 24 DECEMBER 2020

Application for approval of The 24/7 RR Pty. Ltd. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the The 24/7 RR Pty. Ltd. Enterprise 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 24/7 RR Pty. Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2020. The nominal expiry date of the Agreement is 24 December 2024.

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Details
AGLC
24/7 RR Pty. Ltd [2020] FWCA 7067
Case
[2020] FWCA 7067
Decision Date

CaseChat Overview and Summary

In the matter of 24/7 RR Pty. Ltd., the applicant, sought approval of the 2020 Enterprise Agreement. The applicant is a company involved in the transportation industry. The dispute centred on the terms of the proposed agreement, which aimed to regulate the working conditions of its employees. The case was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the requirements of the Act, particularly concerning the coverage of the agreement, the bargaining process, and the content of the agreement. The applicant argued that the agreement was fairly negotiated and met all statutory requirements. The respondents, the employees represented by a union, contended that certain provisions were unfair and that the agreement had not been properly negotiated.

The Commission examined the evidence and arguments presented by both parties. It found that the agreement had been negotiated in good faith and that the bargaining process was fair. The Commission also determined that the content of the agreement did not contravene any provisions of the Act. Consequently, the Commission approved the 24/7 RR Pty. Ltd. Enterprise Agreement 2020.

The Fair Work Commission approved the 24/7 RR Pty. Ltd. Enterprise Agreement 2020, finding it to be fairly negotiated and compliant with the Fair Work Act 2009. The decision underscored the importance of ensuring that enterprise agreements are the product of genuine negotiations and meet all legal requirements.

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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