DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RD Miller Pty Ltd
(AG2014/10866)

RD MILLER PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2015

Application for approval of the RD Miller Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe RD Miller Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RD Miller Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RD Miller Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement, which covered a four-year period from 2014 to 2018, was submitted by the employer as a modern award. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The Fair Work Commission examined the terms of the enterprise agreement against the statutory criteria, focusing on aspects such as the agreement's coverage, the process by which it was made, and its provisions. Key issues included whether the agreement provided for fair and reasonable terms and conditions, and if it ensured that employees were not worse off in terms of their entitlements. The Commission also considered if the agreement was made in good faith and if it allowed for proper consultation with employees.

After thorough analysis, the Fair Work Commission found that the RD Miller Pty Ltd Enterprise Agreement 2014-2018 met all statutory requirements and was in the best interests of the employees. The agreement was deemed to provide fair and reasonable terms and conditions, and it did not result in employees being worse off. The Commission concluded that the agreement was made in good faith and allowed for adequate consultation with employees. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the RD Miller Pty Ltd Enterprise Agreement 2014-2018 be approved as a modern award. This decision allowed the agreement to be registered and enforceable, providing a framework for the terms and conditions of employment for the specified period.

RD Miller 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