DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redjak Pty Ltd
(AG2018/580)

REDJAK PTY LTD CERTIFIED AGREEMENT

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 JUNE 2018

Application for approval of the Redjak Pty Ltd Certified Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Redjak Pty Ltd Certified Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redjak Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 2 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Redjak Pty Ltd, a company seeking approval for a certified agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The primary dispute centres around the provisions of the certified agreement and whether it complies with the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the certified agreement adequately covers the essential terms required by the Act, and whether the agreement was made in good faith and without coercion. The Commission also needed to determine whether the agreement was consistent with the principles of the National Employment Standards and other relevant industrial instruments. Furthermore, the Commission examined whether the certified agreement provides fair and reasonable terms and conditions of employment for the employees covered by the agreement.

In reaching its decision, the Commission considered the submissions from both parties and the relevant statutory provisions. The Commission found that the certified agreement met the essential terms required by the Act and was made in good faith. The Commission also determined that the agreement was consistent with the National Employment Standards and other relevant industrial instruments. The Commission concluded that the certified agreement provides fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission approved the Redjak Pty Ltd Certified Agreement, finding it to be compliant with the Fair Work Act 2009 and its regulations. The Commission's decision was based on the agreement meeting all necessary requirements, including covering the essential terms, being made in good faith, and aligning with the National Employment Standards. The approved agreement now serves as a binding industrial instrument governing the employment conditions of the parties involved.

Redjak 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