Red Hat Asia-Pacific Pty Ltd

[2014] FWCA 3296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Hat Asia-Pacific Pty Ltd
(AG2014/5732)

RED HAT ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER ROBERTS	SYDNEY, 19 MAY 2014

Application for approval of the Red Hat Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Red Hat Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Red Hat Asia-Pacific Pty Ltd. 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 as is relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2014. The nominal expiry date of the Agreement is 18 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of Red Hat Asia-Pacific Pty Ltd, the applicant sought approval for a proposed enterprise agreement from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees under the proposed agreement, which Red Hat Asia-Pacific intended to implement. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations matters.

The central legal issue before the Commission was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it was appropriately certified by an independent certifier. Additionally, the Commission considered whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirement for the agreement to provide for a minimum rate of pay and other employment conditions.

The Fair Work Commission approved the proposed agreement, finding it to be fair and reasonable. The Commission determined that the agreement met the statutory requirements of the Fair Work Act, including the provision of fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement had been appropriately certified by an independent certifier, and that it provided for minimum rates of pay and other employment conditions in line with the Act. The Commission also considered the parties' bargaining positions, the nature of the enterprise, and the need for the agreement to promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Red Hat Enterprise Agreement 2014, finding it to be fair and reasonable, and in compliance with the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and was appropriately certified by an independent certifier. The Commission's decision provides clarity for the parties involved and establishes a benchmark for future enterprise agreements in the sector.

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established