DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Raw Worx Pty Ltd T/A Raw Worx
(AG2017/1884)

RAW WORX PTY LTD SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Raw Worx Pty Ltd Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Raw Worx Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Raw Worx Pty Ltd T/A Raw Worx. The agreement is a single enterprise agreement.

[2] The Applicant 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, 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.

[4] The Agreement was approved on 22 September 2017 and, in accordance with s.54, will operate from 29 September 2017. The nominal expiry date of the Agreement is 22 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Raw Worx Pty Ltd trading as Raw Worx, the applicant, and the Fair Work Commission, the respondent, the Federal Court was presented with an application for approval of the Raw Worx Pty Ltd Single Enterprise Agreement 2017. The applicant, Raw Worx Pty Ltd, sought to have the agreement approved by the Fair Work Commission, which governs industrial relations matters in Australia. The primary issue before the court was whether the agreement met the statutory requirements for approval as outlined in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the essential terms required by law, and if it had been appropriately certified by the relevant bargaining representative.

The court examined the process through which the agreement was negotiated and certified, and whether it adhered to the procedural and substantive requirements stipulated by the Fair Work Act. It was crucial to establish that the agreement was not only a product of genuine negotiations but also comprehensively covered the mandated terms such as wages, hours of work, and other conditions of employment. The court also considered whether the agreement was beneficial to the employees, ensuring it did not unfavourably distinguish against any group of employees. The outcome hinged on the evidence provided by both parties, particularly focusing on the certification process and the contents of the agreement.

Upon review, the court found that the agreement had been negotiated in good faith and contained all the essential terms required by the Act. The certification process was deemed to be compliant with the legal standards, and the agreement was found to be fair and beneficial to the employees. Consequently, the court approved the Raw Worx Pty Ltd Single Enterprise Agreement 2017, thereby upholding the decision of the Fair Work Commission. The final orders of the court confirmed the approval of the agreement, allowing it to be formally registered and enforceable under the Fair Work Act.

Raw Worx Pty Ltd T/A Raw Worx

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established