Ralcrest Pty Ltd Summary

[2013] FWCA 645

FAIR WORK COMMISSION

DECISION

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

Ralcrest Pty Ltd
(AG2012/12191)

RALCREST PTY LTD SINGLE ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 30 JANUARY 2013

Application for approval of the Ralcrest Pty Ltd Single Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Ralcrest Pty Ltd Single Enterprise Agreement 2012. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ralcrest Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ralcrest Pty Ltd applied to the Fair Work Commission for the approval of a Single Enterprise Agreement 2012. The application was opposed by the Construction, Forestry, Mining and Energy Union. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, specifically regarding pay rates and classification of employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the mandatory provisions set out in the Fair Work Act. The Commission needed to assess if the proposed agreement was genuinely a single enterprise agreement and if it provided for a proper balance of rights and obligations between the employer and employees. Additionally, the Commission considered whether the agreement adequately addressed the interests of the employees and provided for their fair remuneration and working conditions.

The Commission found that the proposed Single Enterprise Agreement met the necessary criteria for approval. The agreement provided for fair and reasonable terms and conditions, and it complied with the mandatory provisions of the Fair Work Act. The Commission concluded that the agreement was genuinely a single enterprise agreement and provided for an appropriate balance of rights and obligations between the employer and employees. The proposed pay rates and classification of employees were deemed fair and reasonable, taking into account the specific circumstances of the enterprise. Consequently, the Commission approved the Single Enterprise Agreement 2012.

Ralcrest Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established