DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramvek Pty Ltd
(AG2020/108)

RAMVEK ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Ramvek Enterprise Agreement 2019-2022

[1] Ramvek Pty Ltd has made an application for approval of an enterprise agreement known as the Ramvek Enterprise Agreement 2019-2022 (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 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.

[1] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[1] The Agreement was approved on 10 February 2020 and, in accordance with s 54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 17 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Ramvek Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Ramvek Enterprise Agreement 2019-2022. The application was brought forth by Ramvek Pty Ltd, an employer, in accordance with the provisions of the Fair Work Act 2009. The primary concern was whether the agreement adequately represented the interests of the employees and complied with the statutory requirements for enterprise agreements.

The legal issues central to the decision revolved around the necessity of the agreement to meet the criteria outlined in the Fair Work Act. Specifically, the Commission had to ascertain whether the agreement was a genuine enterprise agreement, whether it provided for a fair and efficient workplace, and whether it complied with the procedural requirements for registration. The employer argued that the agreement was fair and represented the collective interests of the employees, while no objections were raised by the employees themselves.

In delivering its decision, the Commission meticulously examined the agreement to determine its compliance with the statutory standards. The Commission found that the agreement was indeed a genuine enterprise agreement, having been negotiated in good faith and reflecting the interests of the employees. Furthermore, the Commission was satisfied that the agreement was fair and efficient, providing appropriate protections and benefits for the employees. Additionally, the procedural requirements for the registration of the agreement were fulfilled. Consequently, the Commission approved the Ramvek Enterprise Agreement 2019-2022.

The Fair Work Commission's final orders were that the Ramvek Enterprise Agreement 2019-2022 be approved and registered. This decision confirms the agreement as a valid and binding enterprise agreement, effective from the specified period.

Ramvek Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established