DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rescom Commercial Pty Ltd
(AG2015/2042)

RESCOM COMMERCIAL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2015

Application for approval of the Rescom Commercial Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rescom Commercial Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 17 March 2015 and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is 17 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Rescom Commercial Pty Ltd applied to the Fair Work Commission for approval of the Rescom Commercial Pty Ltd Enterprise Agreement 2014. The dispute centred around whether the enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. The Fair Work Commission, acting under section 232 of the Act, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, and whether it adhered to the procedural requirements for making an enterprise agreement. Additionally, the Commission needed to ensure that the agreement did not have any discriminatory provisions and that it complied with the statutory obligations regarding employee representation and consultation.

In assessing the agreement, the Commission reviewed the terms and conditions outlined within the document, ensuring they included all mandated minimum entitlements. The Commission also verified that the agreement was made in accordance with the procedural prerequisites, such as proper notice and consultation with relevant parties. The Commission found that the agreement complied with all statutory obligations and did not contain any discriminatory provisions. Consequently, the Commission approved the enterprise agreement, confirming its alignment with the legislative framework and procedural mandates.

Rescom Commercial Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established