DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R & K Rawson Pty Ltd t/a R K & D Rawson
(AG2016/6392)

R&K RAWSON ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 OCTOBER 2016

Application for approval of the R&K Rawson Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the R&K Rawson Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R & K Rawson Pty Ltd t/a R K & D Rawson. 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 is approved and, in accordance with s.54 of the Act, will operate from 2 November 2016. The nominal expiry date of the Agreement is 25 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved R & K Rawson Pty Ltd trading as R K & D Rawson, and the Fair Work Commission was tasked with deciding whether to approve the R&K Rawson Enterprise Agreement 2016. The agreement was submitted by the employer for endorsement, and the Commission's role was to ensure that the terms of the agreement were fair and equitable, as per the Fair Work Act 2009. The decision followed submissions from both the employer and the relevant union, with each party presenting their perspective on the agreement's provisions.

The legal issues before the Commission centred on whether the proposed agreement met the 'better off overall test' (BOOT) as required by the Fair Work Act. This test requires that employees be no worse off financially and at least as well off in terms of conditions and entitlements compared to the applicable award or previous agreement. The Commission also considered whether the agreement adhered to the 'good faith' bargaining requirement and was in line with the principles of procedural fairness.

After reviewing the submissions and evidence, the Commission concluded that the proposed agreement satisfied the BOOT and was made in good faith. The Commission found that employees would not be worse off financially and would benefit from certain improvements in their working conditions and entitlements. The agreement was deemed to be fair and equitable, thus meeting the legal standards set out in the Fair Work Act. Consequently, the Commission approved the R&K Rawson Enterprise Agreement 2016.

The Fair Work Commission approved the R&K Rawson Enterprise Agreement 2016, recognising that it met the 'better off overall test' and was made in good faith. The decision ensures that employees under this agreement are fairly compensated and that their working conditions and entitlements are adequately protected. This ruling sets a precedent for similar agreements in the future, emphasising the importance of fair and equitable terms in enterprise agreements.

R & K Rawson Pty Ltd t/a R K & D Rawson

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established