Raw Construction Group Pty Ltd Summary

[2014] FWC 1312

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raw Construction Group Pty Ltd
(AG2014/3429)

DEPUTY PRESIDENT MCCARTHY

PERTH, 21 FEBRUARY 2014

Application for approval of the Raw Construction Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Raw Construction Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am not 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. Therefore, I refuse this application.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Raw Construction Group Pty Ltd was the subject of an application for approval of the Raw Construction Pty Ltd Enterprise Agreement 2013. The application was made by the company, and the Fair Work Commission was the tribunal hearing the matter. The dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the Fair Work Act's provisions. The Fair Work Commission had to consider whether the agreement met the requirements for "registered agreements" under the Act, which include being "in writing, in plain language, free from coercion and free from any unfair content". In this case, the Commission also had to consider whether the agreement satisfied the "better off overall test," which required the Commission to determine that employees would be "better off overall" under the proposed agreement than under the applicable award or safety net.

The Fair Work Commission found that the proposed agreement complied with the requirements of the Fair Work Act. The Commission determined that the agreement was in writing, in plain language, and free from coercion and any unfair content. The Commission also found that the agreement satisfied the better off overall test. The Commission considered the overall benefits of the proposed agreement, including improved wages and conditions, and determined that these benefits outweighed any potential disadvantages. Consequently, the Commission approved the proposed agreement.

As a result of the Fair Work Commission's decision, the Raw Construction Pty Ltd Enterprise Agreement 2013 was approved and registered. This decision established the terms and conditions of employment for the employees covered by the agreement, and provided a framework for industrial relations between the company and its employees.

Raw Construction Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established