RCR Resolve FM Pty Ltd T/A RCR Resolve FM

[2014] FWCA 2433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A RCR Resolve FM
(AG2014/703)

RCR RESOLVE FM (UNIVERSITY OF WOLLONGONG) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 APRIL 2014

Application for approval of the RCR Resolve FM (University of Wollongong) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as RCR Resolve FM (University of Wollongong) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 April 2014. The nominal expiry date of the Agreement is30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RCR Resolve FM Pty Ltd, trading as RCR Resolve FM, for the approval of the RCR Resolve FM (University of Wollongong) Enterprise Agreement 2014. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement was free from any contraventions and was made in good faith.

The primary legal issues the Commission needed to address included whether the agreement contained terms that contravened any of the provisions of the Fair Work Act, whether the agreement was made in good faith, and whether it was appropriately certified by the relevant union. Furthermore, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and other employment conditions for the employees covered by the agreement.

In its reasoning, the Commission examined the terms of the agreement in detail, scrutinising each clause for compliance with the relevant legal standards. The Commission found that the agreement was largely compliant with the Fair Work Act and did not contain any terms that contravened the Act. The Commission also determined that the agreement had been made in good faith and was appropriately certified. The Commission concluded that the proposed agreement met the necessary criteria for approval.

The Fair Work Commission approved the RCR Resolve FM (University of Wollongong) Enterprise Agreement 2014, effective from 1 January 2014, subject to the conditions and provisions outlined in the agreement. The approval was contingent on the continued compliance with the Fair Work Act and the maintenance of the good faith nature of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established