DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd
(AG2016/5449)

RCR RESOLVE FM (SALE & BAIRNSDALE, OFFICE OF HOUSING VICTORIA) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the RCR Resolve FM (Sale & Bairnsdale, 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 (Sale & Bairnsdale, 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 17 October 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RCR Resolve FM Pty Ltd trading as Resolve FM Pty Ltd, sought approval for the RCR Resolve FM (Sale & Bairnsdale, Office of Housing Victoria) Enterprise Agreement 2016. The applicant sought to have the agreement approved under section 233 of the Fair Work Act 2009, as a low-paid enterprise agreement. The applicant argued that the agreement was fair and reasonable, and that it was appropriate to make an order approving the agreement as a low-paid enterprise agreement.

The legal issues before the Commission were whether the agreement was fair and reasonable and whether it was appropriate to approve the agreement as a low-paid enterprise agreement. The Commission considered whether the agreement met the requirements of section 231 of the Fair Work Act 2009, which sets out the standards for a low-paid enterprise agreement. The Commission also considered whether the agreement provided for the payment of minimum rates of pay and entitlements that were no less favourable than the applicable award or safety net award.

The Commission found that the agreement was fair and reasonable and that it was appropriate to approve the agreement as a low-paid enterprise agreement. The Commission noted that the agreement provided for the payment of minimum rates of pay and entitlements that were no less favourable than the applicable award or safety net award. The Commission also noted that the agreement provided for the payment of additional allowances and benefits that were not available under the applicable award or safety net award. The Commission was satisfied that the agreement met the requirements of section 231 of the Fair Work Act 2009.

The Commission approved the agreement as a low-paid enterprise agreement. The applicant was directed to take all necessary steps to give effect to the agreement. The applicant was also directed to provide a copy of the agreement to the Fair Work Ombudsman.

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