Redi Employment Pty Ltd

[2018] FWCA 7500

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Redi Employment Pty Ltd

(AG2018/3220)

Redi Employment Pty Ltd (Premix Concrete Plants) Enterprise Agreement 2018

Cement and concrete products
Commissioner McKinnon	MELBOURNE, 11 DECEMBER 2018

Application for approval of the Redi Employment Pty Ltd (Premix Concrete Plants) Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Redi Employment Pty Ltd (Premix Concrete Plants) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redi Employment Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s. 190 of the Act. 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.

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 is approved and, in accordance with s.54 of the Act, will operate from 18 December 2018. The nominal expiry date of the Agreement is 17 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Redi Employment Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Redi Employment Pty Ltd (Premix Concrete Plants) Enterprise Agreement 2018. The application was brought by Redi Employment Pty Ltd, and the dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009. The agreement in question was argued to be unfair, with the applicant contending that it contained provisions that did not meet the requirements for procedural fairness, and that certain terms and conditions were not in line with the objectives of the Act.

The court was tasked with determining whether the application for approval of the enterprise agreement was valid and whether the agreement itself contained any provisions that could be considered unfair. The central legal issues revolved around the interpretation of the Fair Work Act 2009 and its provisions regarding procedural fairness and the content of enterprise agreements. The court had to assess whether the agreement was made in accordance with the Act and whether it adhered to the standards of procedural fairness as required by the legislation.

The Fair Work Commission found that the application for approval was valid and that the agreement did not contain any unfair provisions. The court held that the agreement was made in good faith and that it was consistent with the objectives of the Fair Work Act 2009. The applicant's argument regarding procedural fairness was rejected, as the court found that the necessary procedural steps had been followed. The Commission concluded that the enterprise agreement met all the necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established