DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rediserve Pty Ltd
(AG2015/5199)

REDISERV PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the Rediserv Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rediserv Pty Ltd Enterprise 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 Rediserve Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 19 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Rediserv Pty Ltd, an employer, and its employees represented by a union, who were seeking approval of the Rediserv Pty Ltd Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, including the need for the agreement to provide for minimum entitlements and to be free from prohibited content.

The court had to determine if the agreement adequately addressed the minimum entitlements as specified by the Fair Work Act, and whether it contained any content that would render it non-compliant. This included scrutinising the provisions related to wages, hours of work, leave entitlements, and other relevant terms. Furthermore, the court examined whether the agreement was made in good faith and if the union had genuinely represented the employees during the negotiation process.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements and was free from prohibited content. The court held that the agreement provided for the necessary minimum entitlements and was the product of genuine bargaining between the union and the employer. As a result, the Commission approved the Rediserv Pty Ltd Enterprise Agreement 2015. The court emphasised the importance of ensuring that such agreements are not only legally compliant but also reflective of fair and genuine negotiations between the parties involved.

Rediserve 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