DECISION

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

Ramvek Pty Ltd
(AG2015/1805)

RAMVEK ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 13 FEBRUARY 2015

Application for approval of the Ramvek Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ramvek Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ramvek Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] In my view, the Consultation provision in clause 23 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[4] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[5] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

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

[7] The Construction, Forestry, 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), I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 31 March 2018.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Ramvek Pty Ltd to have the Ramvek Enterprise Agreement 2014-2018 approved. The dispute arose as a result of the company seeking to amend certain provisions of the existing agreement, which was set to expire. The Fair Work Commission was tasked with determining whether the proposed changes were consistent with the relevant legislation and if they met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission included whether the proposed changes to the agreement were procedurally and substantively fair. Specifically, the Commission had to consider whether the consultation process undertaken by the company was adequate and whether the changes to the agreement resulted in terms and conditions that were fair and reasonable for all employees covered by the agreement. Additionally, the Commission needed to assess whether the changes were in line with the principles of enterprise bargaining as outlined in the Act.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the relevant provisions of the Fair Work Act 2009. The Commission found that the company had followed a fair and appropriate consultation process and that the proposed changes to the agreement were reasonable and in the best interests of the employees. The Commission was satisfied that the changes did not result in a significant deterioration of the terms and conditions for the employees and were consistent with the principles of enterprise bargaining. Consequently, the Commission approved the Ramvek Enterprise Agreement 2014-2018 as amended.

The Fair Work Commission's decision to approve the amended agreement was based on its finding that the changes were procedurally fair and substantively reasonable. The Commission determined that the company had acted in accordance with the requirements of the Fair Work Act 2009 and that the proposed changes to the agreement were consistent with the principles of enterprise bargaining. As a result, the amended agreement was approved, and the parties were bound by its terms and conditions for the duration of the agreement.

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