DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.S. Connell & Sons Pty Ltd
(AG2017/5309)

R S CONNELL AND SONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the R S Connell and Sons Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the R S Connell and Sons Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.S. Connell & Sons Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 9 February 2018. The nominal expiry date of the Agreement is 31 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the R.S. Connell and Sons Pty Ltd Enterprise Agreement 2017. The application was brought by the employer, R.S. Connell and Sons Pty Ltd, seeking endorsement of the agreement which had been negotiated with the employees' representative, the Transport Workers Union. The employees affected by the agreement were principally those in the transport and logistics sector.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been appropriately negotiated. The court also considered the fairness of the agreement in terms of its impact on the employees.

In delivering its decision, the Fair Work Commission noted that the agreement contained all the mandated minimum terms and conditions and was made in good faith. The commission observed that the negotiation process was robust and that the agreement reflected a balance of interests between the employer and the union. The commission also found that the agreement was fair and reasonable, taking into account the economic context and the needs of the workforce. Therefore, the application for approval was granted, and the Enterprise Agreement was endorsed.

The court ordered that the R.S. Connell and Sons Pty Ltd Enterprise Agreement 2017 be approved and registered with the Fair Work Commission. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment terms and conditions of the affected workers.

R.S. Connell & Sons Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established