RAI&M Pty Ltd

[2014] FWCA 2385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAI&M Pty Ltd
(AG2014/5107)

RAI&M PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 APRIL 2014

Application for approval of the RAI&M Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the RAI&M Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[4] As the Agreement does not contain a consultation term, the model consultation term is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of RAI&M Pty Ltd involved an application for the approval of an enterprise agreement. The applicant, RAI&M Pty Ltd, sought to have the proposed agreement recognised as a lawful enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it was made in good faith and whether it provided for the proper operation of the business.

The primary legal issues the commission was required to decide were whether the agreement was genuinely made by the parties and whether it complied with the provisions of the Fair Work Act. This included examining whether the agreement provided for appropriate mechanisms for resolving disputes and whether it contained provisions that were contrary to the public interest. Additionally, the commission needed to assess if the agreement had been made in accordance with the procedural requirements set out in the Act.

In its decision, the commission found that the enterprise agreement was made in good faith and that it complied with the requirements of the Fair Work Act. The commission determined that the agreement was appropriately structured to facilitate the proper operation of RAI&M Pty Ltd's business and included adequate mechanisms for resolving disputes. The commission also confirmed that the agreement did not contain any provisions that were contrary to the public interest. As a result, the commission approved the enterprise agreement.

The final orders of the commission included the approval of the RAI&M Pty Ltd Enterprise Agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would then be binding on all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established