DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randel River Pty Ltd
(AG2015/1288)

RANDEL RIVER PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	PERTH, 3 JULY 2015

Application for approval of the Randel River Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known asthe Randel River Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Randel Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is four years thereafter.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Randel River Pty Ltd was the applicant seeking approval of an enterprise agreement made with its employees. The applicants sought the Commission's approval of the Randel River Pty Ltd Enterprise Agreement 2015-2019. The Commission was required to consider the application and determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue was whether the agreement complied with the relevant statutory requirements and whether it had been made in accordance with the procedural fairness principles.

The Commission found that the agreement was made in good faith and without coercion, and that the parties had engaged in genuine bargaining. The agreement contained all the prescribed terms and conditions of employment, and it did not include any provisions that were contrary to public policy or that would have an adverse effect on the employees. The Commission was satisfied that the agreement was fair and reasonable, and it approved the application. The decision emphasised the importance of ensuring that enterprise agreements were made in a manner that was consistent with the principles of procedural fairness and good faith bargaining.

The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties. The Commission found that the agreement was a genuine product of the bargaining process and that it met all the statutory requirements for approval. The decision highlights the importance of ensuring that enterprise agreements are made in a manner that is consistent with the principles of procedural fairness and good faith bargaining. The Commission approved the application, and the Randel River Pty Ltd Enterprise Agreement 2015-2019 is now a legally binding agreement between the parties.

Randel River 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