DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Redpath Contract Services Pty Ltd
(AG2017/4492)

REDPATH CONTRACT SERVICES ENTERPRISE AGREEMENT 2017

Mining industry
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Redpath Contract Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Redpath Contract Services Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2017. The nominal expiry date of the Agreement is 16 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Redpath Contract Services Pty Ltd applied to the Fair Work Commission for approval of the Redpath Contract Services Enterprise Agreement 2017. The application involved a dispute between the applicant company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred on the terms of the proposed enterprise agreement, specifically whether it complied with the relevant legislative requirements and provided for fair and reasonable terms for the employees.

The legal issues before the Fair Work Commission included whether the agreement met the necessary standards for coverage, bargaining, and compliance with the Fair Work Act 2009. The Commission had to consider whether the agreement was made in good faith, whether it provided for a fair and reasonable rate of pay and conditions, and whether it adhered to the relevant provisions of the Act. Additionally, the Commission needed to determine whether the agreement appropriately addressed the interests of the employees and the employer.

In delivering its decision, the Commission carefully reviewed the provisions of the agreement and the evidence presented by both parties. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms for the employees. It was concluded that the agreement complied with the legislative requirements and appropriately balanced the interests of both the employer and the employees. The Fair Work Commission approved the Redpath Contract Services Enterprise Agreement 2017, noting that it met all necessary standards under the Fair Work Act 2009.

Redpath Contract Services 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