DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RECivil Pty Ltd
(AG2015/4753)

RECIVIL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 16 SEPTEMBER 2015

Application for approval of the RECivil Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RECivil Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RECivil 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 23 September 2015. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, RECivil Pty Ltd, sought approval of the RECivil Pty Ltd Enterprise Agreement 2015. The dispute involved the company's application for the agreement to be registered under the Fair Work Act 2009. The respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the approval on various grounds, including concerns about the agreement's fairness and compliance with statutory requirements. The case was heard by Commissioner Wilson.

The primary legal issues before the court were whether the agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the requisite terms and conditions, and if it met the procedural requirements for registration. The respondent argued that the agreement failed to adequately address certain employee entitlements and that the consultation process was insufficient.

Commissioner Wilson found that the agreement was a genuine enterprise agreement that met the statutory requirements for approval. The Commissioner held that the agreement was made in good faith and contained all necessary terms and conditions. Furthermore, the consultation process was deemed sufficient, and the agreement was not found to be unfair. The Commissioner concluded that the agreement complied with the provisions of the Fair Work Act 2009 and approved the application for registration.

The court's final order was that the RECivil Pty Ltd Enterprise Agreement 2015 be approved and registered under the Fair Work Act 2009. The Commissioner's decision was based on the findings that the agreement was genuine, made in good faith, and compliant with all statutory requirements. The respondent's objections were overruled, and the agreement was approved for registration.

RECivil 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