Rc Construction Wa Pty Ltd T/A Rc Construction Wa Pty Ltd

[2024] FWCA 3824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rc Construction Wa Pty Ltd T/A Rc Construction Wa Pty Ltd

(AG2024/3780)

RC CONSTRUCTION ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 1 NOVEMBER 2024

Application for approval of the RC Construction Enterprise Agreement 2024 Application for approval of the RC Construction Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the RC Construction Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 April 2024 and the Agreement was made on 17 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

There was a minor technical error with the Notice of Employee Representational Rights issued but I have decided to disregard this error pursuant to s.188(5) of the Act.

As the Agreement did not contain a delegates’ rights clause then pursuant to s.205A of the Act the delegates’ rights clause from the Building and Construction General On-site Award is taken to be a term of the Agreement.

The Applicant has provided written undertakings (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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2024. The nominal expiry date of the Agreement is 2 November 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

In the case of Rc Construction Wa Pty Ltd T/A Rc Construction Wa Pty Ltd, the Fair Work Commission was tasked with determining the application for approval of the RC Construction Enterprise Agreement 2024. The dispute involved the employer and the union, who had negotiated the enterprise agreement. The union sought approval of the agreement under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was a genuine bargain, whether it contained the minimum terms and conditions required by the Fair Work Act, and whether the agreement complied with the procedural requirements for its approval. Additionally, the Commission had to consider the views of the parties involved and any relevant public interest factors.

The Fair Work Commission found that the agreement was a genuine bargain as it had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission determined that the agreement met the minimum terms and conditions required by the Fair Work Act. The procedural requirements for approval were also satisfied, as the union had followed the necessary processes and provided the required documentation. The Commission considered the views of both parties and found that the agreement was in the best interests of the employees. The Commission approved the RC Construction Enterprise Agreement 2024, highlighting its significance for the industry and the positive impact it would have on the employees.

The Commission made an order approving the RC Construction Enterprise Agreement 2024. The agreement will now apply to the employees covered by the enterprise agreement, providing them with the terms and conditions negotiated between the employer and the union. The decision serves as a precedent for future enterprise agreements in the industry and reinforces the importance of fair and reasonable bargaining processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established