| [2023] FWCA 2572 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
R.A.D Civil And Drainage Pty Ltd T/A R.A.D Civil And Drainage Pty Ltd
(AG2023/2465)
R.A.D CIVIL & DRAINAGE PTY LTD ENTERPRISE AGREEMENT 2023
| Building, metal and civil construction industries | |
| COMMISSIONER DURHAM | BRISBANE, 15 AUGUST 2023 |
Application for approval of the R.A.D Civil & Drainage Pty Ltd Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the R.A.D Civil & Drainage Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.A.D Civil And Drainage Pty Ltd T/A R.A.D Civil And Drainage Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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- AGLC
- R.A.D Civil And Drainage Pty Ltd T/A R.A.D Civil And Drainage Pty Ltd [2023] FWCA 2572
- Case
- [2023] FWCA 2572
- Decision Date
CaseChat Overview and Summary
The central legal issues the Commission had to address were whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act, and if the agreement had been fairly negotiated and covered all relevant employees. Additionally, the Commission had to consider whether the agreement met the requirements of being free from prohibited content, such as terms that would undermine the protections provided by the Fair Work Act. The BCMEU also needed to demonstrate that it had genuinely represented its members in the negotiation process and that the agreement had been appropriately communicated to those employees.
The Fair Work Commission found that the agreement was comprehensive, covering all mandated terms and conditions and including provisions for wages, hours of work, and other employment-related matters. The Commission also noted that the agreement had been negotiated in good faith by the BCMEU and was properly communicated to the employees. The Commission further determined that the agreement was free from prohibited content and met all the legal requirements for approval. Consequently, the Commission approved the R.A.D Civil & Drainage Pty Ltd Enterprise Agreement 2023, validating it as a binding and enforceable contract between the applicant and its employees.
The final orders of the Commission were that the R.A.D Civil & Drainage Pty Ltd Enterprise Agreement 2023 was approved and registered under the Fair Work Act 2009. This approval ensured that the agreement would govern the employment terms and conditions for the relevant employees, providing a legally binding framework for their employment relationship. The Commission's decision provided clarity and certainty to both the employer and employees, ensuring compliance with the statutory requirements and protecting the rights of all parties involved.
Orders
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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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