Ralmana Pty Ltd T/A RJ Vincent & Co Summary

[2013] FWCA 9981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ralmana Pty Ltd T/A RJ Vincent & Co
(AG2013/10128)

RJ VINCENT AND CO ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2013

Application for approval of the RJ Vincent and Co Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RJ Vincent and Co Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RJ Vincent and Co. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 19 December 2013 and, in accordance with s.54, will operate from 26 December 2013. The nominal expiry date of the Agreement is 19 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, Ralmana Pty Ltd, trading as RJ Vincent & Co, applied for the approval of the RJ Vincent and Co Roy Hill AWU Greenfields Agreement 2013. The Australian Workers' Union sought to intervene in the proceedings. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 for approval and registration.

The primary legal issue before the court was whether the agreement complied with the procedural requirements of section 232 of the Act, which mandates that an enterprise agreement must be approved by a majority of the employees in each relevant bargaining unit. The court also needed to determine if the agreement provided adequate protections for employees and did not contravene any other provisions of the Act.

The court found that the application for approval was properly made and that the agreement had been negotiated in good faith. The court was satisfied that the agreement was made in accordance with the procedural requirements of the Act. It concluded that the agreement provided sufficient protections for employees and did not contravene any other provisions of the Act. Consequently, the court approved and registered the agreement.

The final orders of the court were that the RJ Vincent and Co Roy Hill AWU Greenfields Agreement 2013 be approved and registered under section 186 of the Fair Work Act 2009. The Australian Workers' Union's application to intervene was dismissed.

Ralmana Pty Ltd T/A RJ Vincent & Co

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established