DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Australia Pty Ltd
(AG2018/5572)

REDPATH AUSTRALIA TOWN BASED MAINTENANCE FACILITIES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 MARCH 2019

Application for approval of the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Redpath Australia Town Based Maintenance Facilities 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 Redpath Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility 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 13 March 2019. The nominal expiry date of the Agreement is 6 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved Redpath Australia Pty Ltd, the applicant, seeking approval of a proposed enterprise agreement. The agreement in question, titled the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2018, was to be implemented in relation to certain employees within the company. The proceedings took place in the Fair Work Commission, a body with jurisdiction to approve such agreements under the Fair Work Act 2009. The legal issues central to the case revolved around whether the proposed agreement met the criteria for approval as stipulated in the legislation, specifically whether the agreement provided for fair and reasonable terms, and if it had been appropriately negotiated and presented to the relevant employees.

The court considered various aspects of the agreement, including its negotiation process, the extent of employee involvement, and whether the agreement's terms were fair and reasonable. The applicant argued that the agreement was the result of a genuine negotiation process and that it provided fair and reasonable terms for the employees. The court examined the evidence presented by the applicant, including the negotiation process, the participation of employee representatives, and the content of the agreement itself. The court also assessed whether the agreement complied with the requirements of the Fair Work Act, ensuring that it covered appropriate terms and conditions of employment, and that it was not detrimental to the employees.

Upon reviewing the evidence and the relevant legislation, the court found that the proposed agreement met the necessary criteria for approval. The negotiation process was deemed to be genuine, and the agreement was found to provide fair and reasonable terms for the employees. The court concluded that the agreement did not contravene any provisions of the Fair Work Act and was appropriate for the employees covered by the agreement. Consequently, the court approved the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2018.

As a result of the court's decision, the Redpath Australia Town Based Maintenance Facilities Enterprise Agreement 2018 was approved and can now be implemented in accordance with the terms of the agreement. This outcome ensures that the employees covered by the agreement will benefit from the terms and conditions set out within it, providing a fair and reasonable framework for their employment. The approval of the agreement also serves to formalise the terms of employment and provide clarity and certainty for both the employer and the employees.

Redpath Australia 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