DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raubex Construction Pty Ltd
(AG2020/1284)

RAUBEX CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 4 JUNE 2020

Application for approval of the Raubex Construction Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Raubex Construction Pty Ltd Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2020. The nominal expiry date of the Agreement is 3 June 2024.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Raubex Construction Pty Ltd was the subject of an application for approval of an Enterprise Agreement made in 2020. The application was made to the Fair Work Commission by Raubex Construction, which is the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represents the employees. The dispute was about whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. The court in this matter was the Fair Work Commission.

The primary legal issue before the Commission was whether the Enterprise Agreement in question complied with the statutory requirements for approval under the Fair Work Act. This included considerations of whether the agreement had been made freely and fairly, without any coercion, and whether it contained the mandatory terms and conditions prescribed by the Act. The Commission also had to assess if the agreement appropriately dealt with the employees' wages and conditions and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Commission found that the Enterprise Agreement met all statutory requirements for approval. It was determined that the agreement was made freely and fairly, without any undue influence or coercion. The agreement contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the wages and conditions outlined in the agreement were found to be fair and reasonable, and the agreement was consistent with the relevant legislation. Therefore, the Commission approved the agreement and ordered its registration. The decision was based on the evidence presented and the legal framework provided by the Fair Work Act.

Raubex Construction 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