Raw Personnel Pty Ltd

Case [2024] FWCA 4511
[2024] FWCA 4511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Raw Personnel Pty Ltd

(AG2024/4687)

RAW PERSONNEL PTY LTD / CMFEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2024

Building services

COMMISSIONER PLATT

ADELAIDE, 17 DECEMBER 2024

Application for approval of the RAW Personnel Pty Ltd / CMFEU South Australia Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the RAW Personnel Pty Ltd / CMFEU South Australia Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Raw Personnel Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 4 December 2024.

  1. On 5 December 2024, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

  1. The Applicant provided submissions and supporting material to resolve the pre-approval concerns identified. The submissions are relevantly summarised below:

Method of vote:

·  The vote was conducted via text message on 19 November 2024. The votes were sent to the mobile number of the Compliance Manager for the South Australian Branch of the CFMEU Construction and General Division, Ms Eleni Demourtzidis. No employee votes were disclosed to or ascertainable by the employer.

  1. There were concerns raised about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

  1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

  2. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.


COMMISSIONER

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Details
AGLC
Raw Personnel Pty Ltd [2024] FWCA 4511
Case
[2024] FWCA 4511
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Raw Personnel Pty Ltd sought approval for the RAW Personnel Pty Ltd/CMFEU South Australia Enterprise Agreement 2024. The respondent union, the Communications, Electrical and Plumbing Union of Australia (CEPU), lodged an objection to the proposed agreement. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 in terms of providing for fair and reasonable pay and conditions for employees. The CEPU argued that certain provisions of the agreement did not provide for fair and reasonable pay and conditions.

The Commission considered whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act. The court examined the nature of the changes proposed by the agreement and whether these changes were reasonable in terms of pay and conditions. The CEPU raised concerns about provisions relating to working hours, overtime, and shift penalties. The Commission assessed whether these provisions met the statutory requirements for fairness and reasonableness. Ultimately, the Commission found that the proposed agreement contained terms and conditions that were fair and reasonable. The court considered the nature of the industry and the bargaining power of the parties, concluding that the agreement provided for fair and reasonable pay and conditions.

The Commission approved the RAW Personnel Pty Ltd/CMFEU South Australia Enterprise Agreement 2024. The court found that the agreement met the requirements of the Fair Work Act, providing for fair and reasonable terms and conditions for employees. The objections raised by the CEPU were not sufficient to invalidate the agreement. The Commission's approval was based on a comprehensive assessment of the agreement's provisions and their alignment with statutory standards.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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