DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derek Rowland Pty Ltd T/A Rowland Contractors
(AG2018/5556)

DEREK ROWLAND PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2019

Application for approval of the Derek Rowland Pty Ltd Enterprise Agreement 2018.

[1] Derek Rowland Pty Ltd T/A Rowland Contractors has made an application for approval of an enterprise agreement known as the Derek Rowland Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 7 March 2019 and, in accordance with s 54, will operate from 14 March 2019. The nominal expiry date of the Agreement is 14 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derek Rowland Pty Ltd, trading as Rowland Contractors, applied for approval of the Derek Rowland Pty Ltd Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement complied with the Fair Work Act 2009. The dispute arose as the applicant sought to have the enterprise agreement recognised and enforced, while the respondents, comprising employees of the company, contested certain provisions of the agreement.

The legal issues before the court centred on whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to examine if the agreement had been made in accordance with the provisions of the Act, whether it provided for a fair and reasonable process for the resolution of disputes, and if it satisfied the 'better off overall test'. This test requires that employees be no worse off financially and have improved conditions compared to their previous terms of employment.

In its decision, the Fair Work Commission considered the nature of the agreement and its provisions, including those that the employees had raised concerns about. The Commission found that the agreement had been made in good faith and without coercion, and that it provided for a fair and reasonable process for resolving disputes. The Commission also determined that the agreement met the 'better off overall test'. As such, the application for approval of the enterprise agreement was granted. The decision underscores the importance of ensuring that enterprise agreements are made in a manner that is both fair and in compliance with statutory requirements.

The Fair Work Commission ordered that the Derek Rowland Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement. This decision means that the terms of the agreement are now legally enforceable between the employer and the employees, subject to the provisions of the Fair Work Act. The approval of the agreement allows the company to implement the new terms and conditions set out in the agreement, while also providing a framework for resolving any future disputes that may arise.

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