DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd
(AG2016/5511)

RCR RESOLVE FM (BOX HILL & RINGWOOD, OFFICE OF HOUSING VICTORIA) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for approval of the RCR Resolve FM (Box Hill & Ringwood, Office of Housing Victoria) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR Resolve FM (Box Hill & Ringwood, Office of Housing Victoria) 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 RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application by RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd for the approval of their Enterprise Agreement 2016, which pertains to the Box Hill and Ringwood offices of the Office of Housing Victoria. The matter was heard in the Fair Work Commission. The central issue before the court was whether the terms of the proposed Enterprise Agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, considering the balance of rights and obligations, the needs of employees, and the operational needs of the employer.

The court examined the fairness of the proposed terms, including the nature of the work, the level of remuneration, and the conditions under which employees were required to perform their duties. It also considered whether the agreement included appropriate provisions for employee protection, such as provisions for dispute resolution, reasonable notice periods, and other safeguards. The court assessed whether the agreement's terms were reasonable in the context of the specific workplace and the industry standards. The court found that the proposed Enterprise Agreement was fair and reasonable, taking into account the overall balance of rights and obligations and the specific circumstances of the employees and the employer.

Consequently, the Fair Work Commission approved the Enterprise Agreement, concluding that it met the necessary criteria under the Fair Work Act 2009. The court determined that the agreement provided fair terms and conditions for the employees, and that it was reasonable in the context of the specific workplace and industry standards. The decision was based on a thorough analysis of the agreement's provisions and the evidence presented by both parties. The final orders included the approval of the Enterprise Agreement, effective from the date of the decision.

RCR Resolve FM Pty Ltd T/A Resolve FM 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