DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Facades Pty Ltd
(AG2015/4833)

RAC FACADES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 SEPTEMBER 2015

Application for approval of the RAC Facades Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RAC Facades Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RAC Facades Pty Ltd. 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 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is
7 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE415583 PR571548>
ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, RAC Facades Pty Ltd sought approval for the RAC Facades Pty Ltd Enterprise Agreement 2015. The dispute centred around the fairness and appropriateness of the proposed agreement, particularly focusing on the wage rates and conditions outlined within. The application for approval was contested by the Construction, Forestry, Maritime, Mining and Energy Union, who raised concerns about the adequacy of the proposed terms.

The legal issues before the Commission involved determining whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was procedurally sound, if it covered the necessary matters, and if it was fair and reasonable in all its terms. The Commission examined the process followed in the negotiation and drafting of the agreement, as well as the substantive provisions regarding wages, working hours, and other employment conditions.

The Commission found that the agreement was procedurally valid, having been negotiated in good faith and with adequate consultation. It concluded that the substantive terms of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The wage rates and conditions proposed were deemed to be appropriate, given the economic context and the bargaining power of the parties. The Commission approved the enterprise agreement, finding it to be in compliance with the relevant legislative requirements.

RAC Facades 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