DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resolve FM Pty Ltd T/A Resolve FM Pty Ltd
(AG2016/171)

RCR RESOLVE FM (SHEPPARTON, OFFICE OF HOUSING VICTORIA) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2016

Application for approval of the RCR Resolve FM (Shepparton, 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 (Shepparton, 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] 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 1 March 2016 and, in accordance with s.54, will operate from 8 March 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418015 PR577484

Annexure A

CaseChat Overview and Summary

The case involved an application by RCR Resolve FM Pty Ltd, trading as Resolve FM Pty Ltd, seeking approval of the RCR Resolve FM (Shepparton, Office of Housing Victoria) Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The dispute arose from the negotiation and content of the proposed enterprise agreement, which aimed to govern the terms and conditions of employment for workers in the Shepparton office of the Office of Housing Victoria.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act 2009. This included assessing whether the agreement covered the necessary minimum terms and conditions, whether it had been fairly negotiated, and whether it met the good faith bargaining criteria. Furthermore, the court needed to determine if the agreement appropriately addressed the interests of both the employer and the employees, ensuring it was not contrary to public policy.

In examining the agreement, the court considered the submissions from both parties and relevant statutory provisions. The Fair Work Commission determined that the agreement met the necessary criteria for approval. It was found to cover all required minimum terms and conditions, had been negotiated in good faith, and was not contrary to public policy. The Commission noted that the agreement included provisions that were fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the court approved the enterprise agreement, finding it to be compliant with all legislative requirements.

The Fair Work Commission approved the RCR Resolve FM (Shepparton, Office of Housing Victoria) Enterprise Agreement 2016. This decision was based on the comprehensive review of the agreement, which demonstrated its compliance with the Fair Work Act 2009. The approval signified that the terms and conditions of employment as outlined in the agreement were fair and reasonable for both the employer and employees.

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