Redpath Australia Pty Ltd

[2023] FWCA 1591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Australia Pty Ltd

(AG2023/1366)

REDPATH AUSTRALIA TOWN BASED MAINTENANCE FACILITIES ENTERPRISE AGREEMENT 2023

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 5 JUNE 2023

Application for approval of the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Redpath Australia Town Based Maintenance Facilities 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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 is approved and in accordance with s.54, will operate from 12 June 2023. The nominal expiry date of the Agreement is 5 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Redpath Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2023. This application was made under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between the company and its employees, represented by the Transport Workers Union. The union sought improved conditions for its members, including wage increases, while Redpath Australia argued for cost containment and flexibility.

The legal issues before the commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of procedural fairness, good faith bargaining, and the avoidance of industrial action. The commission had to assess if the agreement provided for the employees' fair and reasonable remuneration and working conditions, while also considering the financial viability and competitiveness of the company. Furthermore, the commission needed to determine if the agreement adequately addressed the employees' needs and expectations without unduly burdening the employer.

In its decision, the commission found that the proposed agreement was fair and reasonable, meeting the statutory requirements. The commission noted that the agreement was the result of genuine negotiations between the parties, which demonstrated good faith on both sides. The agreement provided for wage increases, improved working conditions, and a structured process for resolving future disputes. The commission was satisfied that the agreement balanced the interests of both the employees and the employer, ensuring it did not impose an undue burden on the company's financial position. Consequently, the commission approved the agreement, confirming that it met all legislative criteria.

The final orders of the commission included the approval of the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2023, effective from the date of the decision. The agreement is now binding on all parties, including the company, its employees, and the union, ensuring that the terms and conditions set out in the agreement are enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established