Red Rock Services Wa Pty Ltd

[2025] FWCA 845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Red Rock Services Wa Pty Ltd

(AG2024/5251)

RED ROCK SERVICES WA ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 6 MARCH 2025

Application for approval of the Red Rock Services WA Enterprise Agreement 2024

Red Rock Services Wa Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Red Rock Services WA Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 13 March 2025. The nominal expiry date of the Agreement is 6 March 2029.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Red Rock Services WA Pty Ltd, which sought approval for its 2024 Enterprise Agreement from the Fair Work Commission. The dispute centred on whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The Commission was tasked with assessing the agreement to determine if it complied with the statutory provisions regarding the fair treatment of employees and the proper negotiation process.

The primary legal issue before the Commission was whether the agreement had been fairly and genuinely negotiated, as required by the Fair Work Act. The Commission needed to consider the evidence presented regarding the negotiation process and whether it met the standards set out in the legislation. Additionally, the Commission had to ensure that the agreement provided for the fair treatment of employees, including adequate terms and conditions of employment, and did not contravene any provisions of the Fair Work Act.

In its decision, the Fair Work Commission found that the negotiation process had been genuine and that the agreement had been fairly negotiated. The Commission noted that the parties had engaged in a comprehensive negotiation process, which included multiple meetings and discussions. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment and did not contravene any provisions of the Fair Work Act. Consequently, the Commission approved the Red Rock Services WA Enterprise Agreement 2024.

The Fair Work Commission's approval of the agreement means that it will now be binding on the parties and their employees. This decision ensures that the agreement will be implemented as intended, providing a stable and fair framework for the employment relationship between Red Rock Services WA and its employees. The approval also confirms that the negotiation process was in line with the statutory requirements, thereby upholding the integrity of the enterprise agreement process under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established