Redpath Contract Services Pty Ltd Summary

[2022] FWCA 3899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Contract Services Pty Ltd

(AG2022/4248)

Redpath Contract Services National Enterprise Agreement 2022

Mining industry
COMMISSIONER SIMPSON	BRISBANE, 7 NOVEMBER 2022

Application for approval of the Redpath Contract Services National Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Redpath Contract Services National Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Redpath Contract Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) issued by the employer appeared to be a previous version of the NERR. As such, the NERR was not in accordance with s.174(1A) of the Act. Based on the submissions by the Applicant and the conclusion reached by the Full Bench in Huntsman,[1] I am satisfied that:

· the Agreement would have been genuinely agreed to within the meaning s.188(1) of the Act but for a minor technical error made in relation to the requirements of s.174 (s.188(2)(a)); and

· the employees covered by the Agreement were not likely to have been disadvantaged by the error (s.188(2)(b)).

I am also satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [130] – [140].

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Redpath Contract Services Pty Ltd applied for approval of the Redpath Contract Services National Enterprise Agreement 2022. The Fair Work Commission was required to determine if the agreement met the criteria under the Fair Work Act 2009. The primary issue was whether the agreement contained all the mandated terms and conditions and was free from any prohibited content. The applicant argued that the agreement was fair and reasonable, providing adequate protections for employees, while the respondent raised concerns about specific clauses potentially disadvantaging employees.

The Commission considered the application in light of the statutory requirements for enterprise agreements. It examined whether the agreement covered all mandatory terms and conditions, including minimum wages and conditions, and whether it contained any prohibited content, such as terms that would undermine the protection of employees' rights. The Commission also assessed the agreement's fairness and reasonableness, taking into account the bargaining positions of the parties, the nature of the workforce, and the overall terms and conditions of employment. Ultimately, the Commission found that the agreement met all the necessary requirements and was fair and reasonable, given the specific circumstances of the bargaining process.

The Commission approved the Redpath Contract Services National Enterprise Agreement 2022, concluding that it satisfied all the statutory criteria and was fair and reasonable. The agreement was deemed to provide adequate protections for employees and to be free from any prohibited content. The Commission considered the evidence and submissions from both parties and found that the agreement was a product of genuine bargaining. The applicant demonstrated that the agreement was fair and reasonable, and the respondent's concerns were addressed to the satisfaction of the Commission. The approved agreement will now govern the employment conditions of the relevant workforce.

Redpath Contract Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established