RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd

[2017] FWCA 5305

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd

(AG2017/3038)

RCR Resolve FM University of Wollongong Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 13 OCTOBER 2017

Application for approval of the RCR Resolve FM University of Wollongong Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the RCR Resolve FM University of Wollongong Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 20 October 2017. The nominal expiry date of the Agreement is 30 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between RCR Resolve FM Pty Ltd, trading as Resolve FM, and the University of Wollongong. The Fair Work Commission heard the application, as it was required to determine whether the proposed agreement met the necessary legislative standards for approval under the Fair Work Act 2009. The agreement aimed to regulate the terms and conditions of employment for employees of Resolve FM, who provide facilities management services to the University of Wollongong.

The central legal issues revolved around whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the court had to verify that the agreement was made in accordance with the necessary processes, including the requirement for genuine bargaining. Substantively, the court assessed if the terms of the agreement were fair and balanced, considering the interests of both the employees and the employer. The court also needed to ensure that the agreement did not adversely affect the safety, health, or welfare of employees.

The Fair Work Commission examined the evidence provided by both parties, including the bargaining process, the terms of the agreement, and the impact on employees. The Commission found that the agreement had been made through genuine bargaining and that the terms were fair and balanced. The Commission concluded that the proposed agreement met all the necessary legislative standards and approved it. The approval was subject to specific conditions that addressed concerns about the impact on employee safety and welfare.

The final orders of the Commission included the approval of the RCR Resolve FM University of Wollongong Enterprise Agreement 2017, with conditions attached to safeguard employee safety and welfare. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees and employers. The conditions imposed by the Commission were aimed at ensuring that the agreement continued to protect the interests of the employees and did not lead to any adverse effects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established