Remedial Building Services Australia Pty Ltd

[2014] FWCA 6474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Remedial Building Services Australia Pty Ltd
(AG2014/7332)

REMEDIAL BUILDING SERVICES AUSTRALIA (QLD) EMPLOYEES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 SEPTEMBER 2014

Application for approval of the Remedial Building Services Australia (Qld) Employees Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 1 September 2014 by Remedial Building Services Australia Pty Ltd for the approval of a single-enterprise agreement known as the Remedial Building Services Australia (Qld) Employees Enterprise Agreement 2014(“the Agreement”).

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Remedial Building Services Australia Pty Ltd, the applicant sought approval for the Remedial Building Services Australia (Qld) Employees Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and enterprise agreements. The applicant argued that the proposed agreement, which set out the terms and conditions of employment for its employees, met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement provided for the mandatory terms as required by section 235 of the Fair Work Act, and whether it was made in good faith and for the purpose of creating a workplace relations system that was efficient, flexible and adaptable. The Commission had to examine the content of the agreement to ensure it complied with the relevant legislative provisions.

After considering the evidence and arguments presented, the Commission found that the proposed agreement did provide for the mandatory terms and was made in good faith. The agreement included provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission also noted that the agreement was the result of genuine negotiations between the parties and was designed to create a workplace relations system that was responsive to the needs of the industry. The Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

The Commission's decision was based on a careful examination of the proposed agreement and the evidence presented by the parties. The Commission found that the agreement was fair and reasonable, and provided for a workplace relations system that was efficient, flexible and adaptable. The approval of the agreement ensures that employees of Remedial Building Services Australia (Qld) will have a clear understanding of their rights and obligations under the agreement, and provides a framework for resolving any disputes that may arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established