DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RC Construction WA Pty Ltd
(AG2020/2878)

RC CONSTRUCTION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 15 OCTOBER 2020

Application for approval of the RC Construction Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RC Construction 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 RC Construction WA Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2020. The nominal expiry date of the Agreement is 14 October 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved RC Construction WA Pty Ltd, an applicant seeking approval for the RC Construction Enterprise Agreement 2020. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement appropriately represented the interests of the employees and provided fair and reasonable terms and conditions. The Commission had to determine whether the agreement complied with the procedural and substantive requirements for endorsement.

The central legal issues before the Commission involved the compliance of the proposed enterprise agreement with the procedural fairness standards as well as its conformity with the substantive provisions outlined in the Fair Work Act. This included an examination of whether the agreement was genuinely negotiated and if it contained all the mandated terms and conditions. The applicant needed to demonstrate that the agreement was free from any unfair content and was a product of genuine bargaining.

The Commission carefully reviewed the evidence provided, including the process of negotiation and the content of the agreement. It was found that the agreement was the result of genuine bargaining efforts and included all necessary terms and conditions. The Commission concluded that the agreement was fair and reasonable, and it met all the statutory requirements for approval. Consequently, the Commission granted approval for the RC Construction Enterprise Agreement 2020.

The Fair Work Commission approved the RC Construction Enterprise Agreement 2020, determining that it satisfied all the statutory requirements under the Fair Work Act. The applicant was authorised to implement the terms of the agreement, which would now govern the employment conditions of the relevant workforce.

RC Construction WA 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