DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raw Construction Group Pty Ltd
(AG2019/1113)

RAW CONSTRUCTION GROUP PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 7 JUNE 2019

Application for approval of the Raw Construction Group Pty Ltd Enterprise Agreement 2019.

[1] Raw Construction Group Pty Ltd has made an application for the approval of an enterprise agreement known as the Raw Construction Group Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[1] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[2] 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] The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 7 June 2019 and, in accordance with s 54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2023.

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Raw Construction Group Pty Ltd, an employer, sought approval for their 2019 enterprise agreement from the Fair Work Commission. The respondents, various employee unions, opposed the application, raising concerns about several clauses in the agreement. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement provided for the mandatory terms and conditions as required by the Act and whether it adhered to the principles of good faith bargaining and procedural fairness.

The Commission examined the fairness and procedural integrity of the bargaining process that led to the agreement. It also considered whether the agreement contained provisions that were contrary to public policy or that failed to provide for the mandatory terms as outlined in the Act. The Commission found that the agreement had been reached through genuine and good faith negotiations and that it contained all the mandatory terms stipulated by the legislation. The Court also determined that the agreement was not contrary to public policy and did not contain any clauses that would render it unfair.

The Fair Work Commission approved the Raw Construction Group Pty Ltd Enterprise Agreement 2019, finding it to be compliant with all statutory requirements. The Commission noted that the agreement provided for the necessary terms and conditions and was the result of genuine bargaining. The decision was made in light of the evidence presented and the legal framework under which the agreement was to be assessed. This ruling affirmed the validity of the enterprise agreement and its applicability between the parties involved.

Raw Construction Group 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