DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCON Shopfitters and Construction Pty Ltd
(AG2016/2461)

RCON SHOPFITTERS AND CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 APRIL 2016

Application for approval of the RCON Shopfitters and Construction Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RCON Shopfitters and Construction Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCON Shopfitters and Construction Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 5 April 2016 and, in accordance with s.54, will operate from 12 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RCON Shopfitters and Construction Pty Ltd applied for approval of the RCON Shopfitters and Construction Pty Ltd Enterprise Agreement 2015. The Fair Work Commission was required to consider the application under the Fair Work Act 2009. The application was made by the employer and it was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, who claimed that the agreement did not meet the requirements of the Act. The Commission examined whether the agreement was in the best interests of the employees and if it was made in accordance with the relevant provisions of the Act.

The key legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission considered the nature of the agreement, its terms, and if it was made without compulsion, coercion or undue influence. The Commission also assessed whether the agreement was fair and whether it provided for minimum terms and conditions. The Commission noted that the agreement contained provisions for wages, hours of work, and other employment terms and conditions. The Commission concluded that the agreement was made in good faith and did not contain any unfair provisions.

Following its assessment, the Commission approved the enterprise agreement. The Commission determined that the agreement was fair and met the requirements of the Act. The Commission found that the agreement provided for the minimum terms and conditions of employment and did not contain any unfair provisions. The Commission also noted that the agreement was made without compulsion, coercion or undue influence. The Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application for the approval of the RCON Shopfitters and Construction Pty Ltd Enterprise Agreement 2015. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The agreement was registered and became effective.

RCON Shopfitters and Construction 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