Raubex Construction Pty Ltd

[2024] FWCA 2610

[2024] FWCA 2610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Raubex Construction Pty Ltd

(AG2024/2233)

RAUBEX CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 15 JULY 2024

Application for approval of the Raubex Construction Pty Ltd Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Raubex Construction Pty Ltd Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Raubex Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 April 2024 and the Agreement was made on 5 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. During the assessment process it was noted that the voting information provided by the Applicant did not specify the location for voting. However, given that there was a 100% voter turnout I am satisfied that there is no disadvantage to employees and have used the power conferred by section 188(5) of the Act to ignore this minor technical error.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2024. The nominal expiry date of the Agreement is 22 July 2028.

DEPUTY PRESIDENT

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