DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derek Rowland Pty Ltd T/A Rowland Contractors
(AG2015/5421)

DEREK ROWLAND PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 SEPTEMBER 2015

Application for approval of the Derek Rowland Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Derek Rowland Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Derek Rowland Pty Ltd T/A Rowland Contractors. 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] The Agreement was approved on 10 September 2015 and, in accordance with s.54, will operate from 17 September 2015. The nominal expiry date of the Agreement is 10 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derek Rowland Pty Ltd T/A Rowland Contractors applied to the Fair Work Commission for approval of their Enterprise Agreement 2015. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on various terms and conditions within the agreement, particularly those concerning employment, wages, and workplace practices. The matter was heard in the Fair Work Commission of Australia.

The legal issues before the Commission included whether the terms of the Enterprise Agreement 2015 complied with the applicable industrial legislation and whether the agreement was made in good faith and without coercion. The Commission had to examine if the agreement provided fair and reasonable terms for both employees and the employer, and whether it adequately balanced the interests of both parties. Additionally, the Commission assessed whether the agreement adhered to the principles of procedural fairness and if the process of reaching the agreement was transparent and fair.

The Commission considered the evidence and submissions from both parties and found that the agreement largely met the statutory requirements. The Commission noted that while some provisions required minor adjustments to align more closely with the Fair Work Act, these changes did not fundamentally alter the agreement's intent. The Commission approved the Enterprise Agreement 2015 with conditions, ensuring that the necessary adjustments were made to comply with the law and to protect the rights of employees. The Commission emphasised the importance of ongoing compliance and vigilance in the implementation of the agreement.

Derek Rowland Pty Ltd T/A Rowland Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established