R & R Earthmoving Pty Ltd Summary

[2013] FWCA 3819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

R & R Earthmoving Pty Ltd
(AG2013/1401)

R & R EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2013

Application for approval of the R & R Earthmoving Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the R & R Earthmoving Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R & R Earthmoving Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2013. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of R & R Earthmoving Pty Ltd, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute centred around the application for approval of the R & R Earthmoving Pty Ltd Enterprise Agreement 2013. The Fair Work Commission, as the relevant authority, was tasked with determining whether the agreement met the necessary statutory criteria.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it was free from any improper influence or coercion, and whether it contained the minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement was appropriately certified and whether it adhered to the provisions regarding employee representation.

The Fair Work Commission, after considering the evidence and submissions, determined that the enterprise agreement did meet the necessary statutory criteria. The Commission found that the agreement was made in good faith, without any improper influence or coercion, and contained the required minimum terms and conditions. Furthermore, the agreement was appropriately certified and complied with the relevant provisions regarding employee representation. As such, the Commission approved the enterprise agreement.

As a result of the Commission's decision, the R & R Earthmoving Pty Ltd Enterprise Agreement 2013 was approved and is now legally binding on the parties involved.

R & R Earthmoving Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established