ARRB Group Ltd T/A Australian Road Research Board Summary

[2023] FWC 1405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARRB Group Ltd T/A Australian Road Research Board

(AG2023/1611)

THE AUSTRALIAN ROAD RESEARCH BOARD ENTERPRISE AGREEMENT 2023

Clerical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 JUNE 2023

Application for approval of The Australian Road Research Board Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as The Australian Road Research Board Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Association of Professional Engineers, Scientists and Managers, Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 June 2023. The nominal expiry date of the Agreement is 14 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, ARRB Group Ltd trading as The Australian Road Research Board, sought approval for the 2023 Enterprise Agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for the workers covered by the agreement. The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, including provisions for minimum wages, hours of work, and other conditions of employment. The Commission also needed to determine whether the agreement was in the best interests of the employees and the broader community.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act and provided fair and reasonable terms for the employees. The Commission considered the submissions from both parties, the evidence provided, and the overall context of the agreement. It was noted that the agreement provided for above-award wages and conditions, which were deemed fair and reasonable given the specific nature of the work and the skills required. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment, and in the broader community, as it facilitated the efficient operation of the business.

The Fair Work Commission approved the 2023 Enterprise Agreement, subject to certain conditions and modifications. The agreement will now be binding on the parties and will provide the terms and conditions of employment for the workers covered by the agreement. The approval of the agreement is an important step in ensuring that the workers are fairly compensated for their work and that the business can operate efficiently and effectively.

ARRB Group Ltd T/A Australian Road Research Board

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established