Ralmana Pty Ltd T/A RJ Vincent & Co

[2023] FWCA 2793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ralmana Pty Ltd T/A RJ Vincent & Co

(AG2023/2890)

RJV CIVIL ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 14 SEPTEMBER 2023

Application for approval of the RJV Civil Enterprise Agreement 2023

Ralmana Pty Ltd has made an application for the approval of an enterprise agreement known as the RJV Civil Enterprise Agreement (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made several changes to enterprise agreement approval processes in Part 2-4 of the Act, which commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was 29 May 2023.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 14 September 2023 and, in accordance with s 54, will operate from 21 September 2023. The nominal expiry date of the Agreement is 14 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Ralmana Pty Ltd trading as RJ Vincent & Co, sought approval of the RJV Civil Enterprise Agreement 2023 from the Fair Work Commission. The applicant and the respondents, the Electrical Trades Union of Australia and the Australian Workers Union, had entered into the agreement to govern the terms and conditions of employment for certain workers within the applicant's business. The dispute centred on whether the agreement provided appropriate protections and benefits for the employees and whether it complied with relevant industrial laws.

The legal issues before the court involved examining the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009 and associated regulations. The court needed to determine whether the agreement met the "better off overall test" and was free from any prohibited content. Additionally, the court had to assess if the agreement had been genuinely negotiated between the parties and if it provided for proper dispute resolution mechanisms.

In delivering its decision, the court carefully considered the submissions from all parties and the evidence presented. The court found that the agreement was fairly negotiated and met the "better off overall test" for the majority of employees. The court also determined that the agreement did not contain any prohibited content and provided appropriate dispute resolution mechanisms. Consequently, the court approved the RJV Civil Enterprise Agreement 2023.

The court's final orders included the approval of the RJV Civil Enterprise Agreement 2023, effective from the date of the decision. The agreement was to apply to the employees specified in the agreement and would remain in force until superseded by a new enterprise agreement or terminated in accordance with its provisions. The court also directed that the agreement be registered with the Fair Work Commission and that all parties comply with the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established