DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RC Construction WA Pty Ltd T/A RC Construction
(AG2016/6594)

RC CONSTRUCTION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the RC Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RC Construction Enterprise Agreement 2016 (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 T/As RC Construction. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2016. The nominal expiry date of the Agreement is 14 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by RC Construction WA Pty Ltd T/A RC Construction for approval of the RC Construction Enterprise Agreement 2016. The application arose from negotiations between the employer and the Construction, Forestry, Maritime, Mining and Energy Union, which represents the employees. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant statutory provisions.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, covered a class of employees, and did not unfairly discriminate against any employees. Additionally, the Commission had to assess whether the agreement was free from prohibited content, such as provisions that were contrary to public policy.

The Fair Work Commission carefully reviewed the proposed agreement, considering the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and covered the appropriate class of employees. It also determined that the agreement did not contain any provisions that were contrary to public policy or that unfairly discriminated against any employees. As a result, the Commission approved the RC Construction Enterprise Agreement 2016.

In approving the agreement, the Commission issued a certificate under section 234 of the Fair Work Act 2009. This certificate ensures that the agreement is protected from challenge in industrial proceedings and is binding on the parties. The Commission's decision brings finality to the negotiations and establishes the terms and conditions of employment for the relevant class of employees.

RC Construction WA Pty Ltd T/A RC Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established