DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Red Rock Engineering WA Pty Ltd
(AG2021/28)

RED ROCK ENGINEERING WA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 10 MARCH 2021

Application for approval of the Red Rock Engineering WA Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Red Rock Engineering WA Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Red Rock Engineering WA 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 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 17 March 2021. The nominal expiry date of the Agreement is 9 March 2025.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Red Rock Engineering WA Pty Ltd sought approval of the Red Rock Engineering WA Enterprise Agreement 2020. The Fair Work Commission was asked to consider whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including provisions regarding minimum entitlements and the process for approving enterprise agreements. The union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union, did not object to the agreement, but raised concerns about certain provisions related to rostering and shift penalties.

The legal issues before the Commission included whether the agreement provided for minimum entitlements as required by the Act, and whether it had been made in accordance with the appropriate process. The Commission examined the agreement's provisions in detail, including those related to rostering and shift penalties, to determine whether they complied with the relevant provisions of the Act. The Commission also considered the process by which the agreement had been made, including whether it had been negotiated in good faith and whether appropriate steps had been taken to inform employees of the agreement and their rights under it.

After considering the evidence and arguments presented, the Commission found that the agreement complied with the relevant provisions of the Act and was therefore approved. The Commission noted that the agreement provided for minimum entitlements, including minimum rates of pay, leave entitlements and penalty rates. The Commission also found that the agreement had been made in accordance with the appropriate process, including that it had been negotiated in good faith and that appropriate steps had been taken to inform employees of the agreement and their rights under it. The Commission rejected the union's concerns about certain provisions related to rostering and shift penalties, finding that they did not contravene the Act.

The Commission approved the Red Rock Engineering WA Enterprise Agreement 2020, effective from 1 July 2020. The agreement will now apply to employees covered by the agreement and will provide them with the minimum entitlements and other terms and conditions of employment set out in the agreement. The union's concerns about certain provisions related to rostering and shift penalties were rejected by the Commission, which found that they did not contravene the Act.

Red Rock Engineering WA 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