DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rangedale Drainage Services Pty Ltd; Rangedale Civil Pty Ltd
(AG2014/7687)

RANGEDALE ENTERPRISE AGREEMENT 2014

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Rangedale Enterprise Agreement 2014.

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

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

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 September 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Rangedale Drainage Services Pty Ltd, Rangedale Civil Pty Ltd, and the Australian Building and Construction Commission (ABCC). The dispute was regarding the application for approval of the Rangedale Enterprise Agreement 2014, which was submitted to the Fair Work Commission (FWC) for consideration. The case was heard by the FWC, which was tasked with determining whether the proposed agreement was in the best interests of the employees.

The legal issues before the FWC were whether the proposed agreement provided adequate protection for employees' rights and conditions, and if it complied with the Fair Work Act 2009. In particular, the FWC considered if the agreement contained minimum terms and conditions, and if it provided for appropriate mechanisms to address disputes and grievances. The FWC also examined if the agreement was fair and reasonable, taking into account the principles of contemporary awards and the need to maintain a sustainable and productive workforce.

The FWC found that the Rangedale Enterprise Agreement 2014 was fair and reasonable, and in the best interests of the employees. The agreement provided for minimum terms and conditions that were not less favourable than the relevant award or registered agreement. The FWC was satisfied that the agreement contained appropriate mechanisms for addressing disputes and grievances, and that it provided for adequate protections for employees' rights and conditions. The FWC also considered that the agreement was in line with the principles of contemporary awards, and would help to maintain a sustainable and productive workforce.

In light of these findings, the FWC approved the Rangedale Enterprise Agreement 2014, and it came into effect on 1 January 2015. The FWC's decision was based on its assessment of the overall fairness and reasonableness of the agreement, and its consideration of the relevant principles and factors set out in the Fair Work Act 2009. This decision provides guidance for employers and employees in the building and construction industry, and highlights the importance of negotiating and implementing enterprise agreements that are fair and reasonable.

Rangedale Drainage Services Pty Ltd; Rangedale Civil 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