Radell Services Pty Ltd

[2013] FWCA 8298

FAIR WORK COMMISSION

DECISION

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

Radell Services Pty Ltd
(AG2013/10801)

RADELL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Port authorities
COMMISSIONER HAMPTON	ADELAIDE, 23 OCTOBER 2013

Application for approval of the Radell Services Pty Ltd Enterprise Agreement 2013.

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

[2] On 21 October 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 29 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Radell Services Pty Ltd applied to the Fair Work Commission for the approval of the Radell Services Pty Ltd Enterprise Agreement 2013. The applicant is an employer with employees covered by the agreement. The application was opposed by the Australian Manufacturing Workers Union (AMWU), which represents some of the employees. The nature of the dispute revolves around whether the agreement meets the statutory criteria for approval, including its compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for appropriate mechanisms for the resolution of employee disputes and whether it met the procedural requirements for approval. The AMWU argued that the agreement failed to provide adequate dispute resolution mechanisms and that the process for seeking approval was flawed. The Commission needed to determine if the agreement sufficiently addressed these concerns to warrant approval.

The Fair Work Commission found that the agreement did contain adequate mechanisms for the resolution of employee disputes and that the procedural requirements for approval had been met. The Commission was satisfied that the agreement provided for an appropriate process for handling disputes, including provisions for conciliation and mediation. Additionally, the Commission determined that the process for seeking approval was valid and that the agreement complied with all necessary statutory requirements. Consequently, the Commission approved the Radell Services Pty Ltd Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established