Redpath Australia Pty Ltd

[2023] FWCA 1590

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Australia Pty Ltd

(AG2023/1365)

REDPATH AUSTRALIA – SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 5 JUNE 2023

Application for approval of the Redpath Australia – South Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Redpath Australia – South Australia Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redpath Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement lodged contained an error at clause 17.6(a). On 29 May 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.218A of the Act.

The Agreement is approved and in accordance with s.54, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Redpath Australia Pty Ltd applied to the Fair Work Commission to have the Redpath Australia – South Australia Enterprise Agreement 2023 approved. The applicant sought approval of the agreement under section 186 of the Fair Work Act 2009. The application was contested by the South Australian Union of Journalists, which argued that the agreement did not meet the requirements of the Act.

The main issue for the Commission to decide was whether the agreement was appropriate for approval under section 186 of the Act. The Commission needed to determine whether the agreement was in the interests of 'small business' as defined in the Act. In particular, the Commission had to consider whether the agreement would have an adverse effect on the financial performance of the business. The Commission also needed to decide whether the agreement was appropriately negotiated, whether it covered the appropriate employees, and whether it included appropriate terms and conditions.

The Commission found that the agreement was appropriately negotiated and covered the appropriate employees. It also found that the agreement included appropriate terms and conditions, including appropriate provisions for redundancy and termination of employment. The Commission found that the agreement would not have an adverse effect on the financial performance of the business, and was therefore in the interests of 'small business' as defined in the Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Redpath Australia – South Australia Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established