Railquip Pty Ltd and Paliwane Pty Ltd

[2014] FWCA 3515

FAIR WORK COMMISSION

DECISION

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

Railquip Pty Ltd and Paliwane Pty Ltd
(AG2014/1133)

RAILQUIP PTY LTD AND PALIWANE PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 MAY 2014

Application for approval of the Railquip Pty Ltd and Paliwane Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Railquip Pty Ltd and Paliwane Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Railquip Pty Ltd and Paliwane Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The proceedings involved Railquip Pty Ltd and Paliwane Pty Ltd, where the Fair Work Commission was asked to approve an enterprise agreement. The nature of the dispute centred on the terms and conditions outlined in the proposed agreement, which was intended to govern the relationship between the parties for the period 2014-2018. The case was heard by the Fair Work Commission, a body with jurisdiction over employment and workplace relations in Australia.

The legal issues before the court encompassed several key areas, including whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. Additionally, the court needed to determine if the agreement was made in good faith and if it appropriately balanced the interests of both employees and employers. The court also considered whether the agreement adequately provided for the protection of employees' rights and interests.

In examining the agreement, the Fair Work Commission found that it complied with the statutory requirements and was made in good faith. The Commission concluded that the agreement appropriately balanced the interests of both parties and met the necessary criteria for approval. Consequently, the court approved the enterprise agreement, recognising its fairness and compliance with the law. The decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the principles of fairness and good faith as mandated by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established