DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAC Facades Pty Ltd
(AG2019/675)

RAC FACADES PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 JUNE 2019

Application for approval of the RAC Facades Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAC Facades Pty Ltd Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RAC Facades Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2019. The nominal expiry date of the Agreement is 11 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RAC Facades Pty Ltd recently came before the Australian Industrial Relations Commission, where an application was made for the approval of the RAC Facades Pty Ltd Enterprise Agreement 2019. The application was brought by the employer, RAC Facades Pty Ltd, seeking to have the agreement registered under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the relevant statutory requirements.

The primary legal issue the court had to address was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement was in the best interests of the employees and if it complied with the 'better off overall test'. This test ensures that no employee is worse off under the new agreement and that at least one employee is better off. The court also needed to consider whether the agreement was appropriately certified and if there were any procedural errors in the application process.

The court thoroughly examined the proposed agreement, considering the submissions from both the employer and the employees. The court found that the agreement was appropriately certified and that there were no procedural errors in the application process. The court also determined that the agreement was in the best interests of the employees as it met the 'better off overall test'. Consequently, the court approved the RAC Facades Pty Ltd Enterprise Agreement 2019, deeming it compliant with the statutory requirements. The court's decision was based on a comprehensive analysis of the agreement's terms, the interests of the employees, and the legislative framework governing enterprise agreements.

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