DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramlec Pty Ltd T/A Ramlec Enterprises
(AG2019/3061)

RAMLEC ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the Ramlec Enterprise Agreement 2019.

[1] Ramlec Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Ramlec Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 5 September 2019 and, in accordance with s 54, will operate from 12 September 2019. The nominal expiry date of the Agreement is 5 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramlec Pty Ltd, trading as Ramlec Enterprises, applied to the Fair Work Commission for approval of the Ramlec Enterprise Agreement 2019. The dispute arose from the negotiation and proposed implementation of a new enterprise agreement between the employer and the employees. The application was brought before the Fair Work Commission to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to address were whether the agreement had been made in good faith, and if it contained the necessary safety net protections and provisions for the employees. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for dispute resolution and whether it complied with the Fair Work Act's procedural requirements.

The Fair Work Commission examined the evidence and submissions from both parties and found that the agreement had been made in good faith, as the employer had engaged in genuine negotiations with the employees' representatives. The Commission also determined that the agreement included the requisite safety net protections and provisions, including minimum wages, penalty rates, and leave entitlements. Furthermore, the agreement provided for appropriate mechanisms for dispute resolution, satisfying the legal requirements. The Commission concluded that the agreement complied with the procedural requirements of the Fair Work Act, including proper notification and consultation processes.

In light of the findings, the Fair Work Commission approved the Ramlec Enterprise Agreement 2019. The agreement is now legally binding on the parties and will govern the employment conditions for the employees of Ramlec Pty Ltd for the specified period.

Ramlec Pty Ltd T/A Ramlec Enterprises

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established