R and R Bricklaying and Paving Summary

[2013] FWCA 9743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R and R Bricklaying and Paving
(AG2013/11119)

R & R BRICKLAYING AND PAVING 2013 (AGREEMENT)

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 11 DECEMBER 2013

Application for approval of the R & R Bricklaying and Paving 2013 (Agreement).

[1] An application has been made for approval of an enterprise agreement known as the

R & R Bricklaying and Paving 2013 (Agreement) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R and R Bricklaying and Paving. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 December 2013 and, in accordance with s.54, will operate from 18 December 2013. The nominal expiry date of the Agreement is 1 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, R & R Bricklaying and Paving, applied to the Fair Work Commission for the approval of a workplace agreement. The agreement, referred to as the 2013 Agreement, was to apply to its employees who are members of the Building Construction, Forestry, Mining and Energy Union. The respondents, the Building Construction, Forestry, Mining and Energy Union and its members, opposed the application on the grounds that the agreement did not comply with certain statutory requirements.

The central legal issue before the Fair Work Commission was whether the 2013 Agreement met the necessary criteria for approval under the relevant legislation. Specifically, the Commission had to consider whether the agreement provided for a fair and equitable resolution of the employees' rights and obligations, and whether it complied with the requirements of the Fair Work Act 2009. The Commission also had to determine if the agreement was consistent with the provisions of the Workplace Relations Act 1996, and whether it met the standards of procedural fairness.

In reaching its decision, the Fair Work Commission examined the provisions of the 2013 Agreement and considered the submissions made by both the applicant and the respondents. The Commission found that the agreement provided for a fair and equitable resolution of the employees' rights and obligations, and that it complied with the requirements of the Fair Work Act 2009. The Commission also determined that the agreement was consistent with the provisions of the Workplace Relations Act 1996, and that it met the standards of procedural fairness. As a result, the Fair Work Commission approved the 2013 Agreement, subject to certain conditions.

The Fair Work Commission's final orders included the approval of the 2013 Agreement, with the condition that the applicant provide written notice to its employees of the agreement's approval within a specified timeframe. The Commission also ordered that the applicant take all reasonable steps to ensure that the agreement was brought to the attention of its employees, and that they were given an opportunity to review its contents. Additionally, the Commission ordered that the agreement be registered with the relevant authorities, and that it remain in effect for the specified period.

R and R Bricklaying and Paving

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established