DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Appointments Pty Ltd
(AG2015/5216)

RED APPOINTMENTS ON-HIRE EMPLOYEE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2015

Application for approval of the Red Appointments On-Hire Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Red Appointments On-Hire Employee 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 Red Appointments 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 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 16 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Red Appointments Pty Ltd sought approval of the Red Appointments On-Hire Employee Agreement 2015 under section 231 of the Fair Work Act 2009. The Fair Work Commission, presided over by Member J.G. O'Brien, was tasked with determining whether the agreement provided for employee conditions that were no less favourable than the applicable award or modern award. This decision arose from the company's application to have the agreement certified as a new enterprise agreement, following negotiations with their employees.

The central legal issue before the Commission was whether the proposed agreement adequately met the statutory criteria for being no less favourable than the existing Modern Award. This required a comprehensive comparison of the terms and conditions set out in the agreement against those provided for in the applicable Modern Award. The Commission needed to ensure that the agreement did not disadvantage employees in any way compared to the protections offered under the Modern Award.

The Commission found that the proposed agreement was indeed no less favourable than the applicable Modern Award. It concluded that all the terms and conditions in the agreement either matched or exceeded those in the Modern Award, ensuring that employees would not be worse off under the new agreement. Consequently, the Commission approved the application, certifying the agreement as a new enterprise agreement.

The Fair Work Commission approved the Red Appointments On-Hire Employee Agreement 2015 as a new enterprise agreement. This decision was based on the finding that the agreement provided for employee conditions that were no less favourable than those stipulated in the applicable Modern Award. The Commission's approval ensures that the agreement is now legally binding between the company and its employees, as per the statutory requirements of the Fair Work Act 2009.

Red Appointments 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