Redpath Contract Services Pty Ltd

[2022] FWCA 1809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Redpath Contract Services Pty Ltd

(AG2022/1325)

Redpath Contract Services (Raisebore) Enterprise Agreement 2022

Mining industry
COMMISSIONER O'NEILL	MELBOURNE, 3 JUNE 2022

Application for approval of the Redpath Contract Services (Raisebore) Enterprise Agreement 2022

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

The Agreement lodged contained an error where clause 16.2 erroneously cross-referenced a subclause that does not exist. On 19 May 2022, the Employer filed an amended page of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.

The Notice of Employee Representational Rights (NERR) provided to employees was an outdated version. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174(1)(A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

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 as are relevant to this application for approval have been met.

I observe that clause 16.6 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2022. The nominal expiry date of the Agreement is 2 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Redpath Contract Services Pty Ltd, an employer, and a number of its employees, represented by a union, sought approval of a new enterprise agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The central issue before the commission was whether the proposed agreement met the requirements for approval under section 231 of the Fair Work Act. Specifically, the commission had to consider whether the agreement was in the interests of the employees and the employer, whether it provided for minimum terms and conditions of employment, and whether it complied with the good faith bargaining obligations.

The commission first examined the process through which the agreement was negotiated, considering whether the parties had engaged in genuine and meaningful bargaining. It assessed the reasonableness of the terms and conditions proposed, ensuring they provided for fair and equitable outcomes for both employees and the employer. The commission also considered the impact of the agreement on the broader labour market, ensuring that the terms did not undermine the existing industrial relations framework. After thorough deliberation, the commission found that the agreement met the statutory criteria for approval. It was satisfied that the terms and conditions were fair and reasonable, and that the process of negotiation was conducted in good faith. The commission concluded that the agreement was in the best interests of both the employees and the employer.

Accordingly, the Fair Work Commission approved the Redpath Contract Services (Raisebore) Enterprise Agreement 2022. The approval ensures that the agreement will legally bind the employer and the employees, providing a framework for the terms and conditions of their employment. The decision highlights the importance of fair and transparent bargaining processes in the negotiation of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established