R.M. Watson Pty Ltd T/A Rm Watson

[2022] FWCA 4414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

R.M. Watson Pty Ltd T/A Rm Watson

(AG2022/4896)

RM Watson Pty Ltd Enterprise Agreement 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 DECEMBER 2022

Application for approval of the RM Watson Pty Ltd Enterprise Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the RM Watson Pty Ltd Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.M. Watson Pty Ltd T/A Rm Watson. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 14 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of R.M. Watson Pty Ltd T/A Rm Watson involved an application for the approval of an enterprise agreement between the company and its employees for the period of 2022 to 2026. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements and considerations set out under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable method of determining employees' rates of pay and conditions of employment, and whether it adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission had to consider if the agreement provided for the appropriate balance between the interests of employers and employees.

The Commission found that the agreement met the legal requirements and considerations under the Act. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for rates of pay, allowances, and other employment conditions. The Commission noted that the agreement was the result of good faith bargaining between the parties and that the process followed was procedurally fair. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the RM Watson Pty Ltd Enterprise Agreement 2022 - 2026, effective from the date of the decision. This outcome ensures that the terms and conditions of employment are legally compliant and balanced between the interests of employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established