DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RET Australia Pty Ltd
(AG2015/4859)

RET AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the RET Australia Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the RET Australia Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RET Australia 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 was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RET Australia Pty Ltd, the Fair Work Commission was asked to approve the RET Australia Pty Ltd Enterprise Agreement 2015-2019. The dispute arose between the employer and the trade union, which represented the employees. The union sought approval of the agreement, which contained terms and conditions of employment for the employees. The employer contested the application, arguing that certain provisions were not in the best interests of the business.

The key legal issues the Commission needed to decide were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the provisions were consistent with the overarching objectives of the Act. Specifically, the Commission had to consider if the agreement facilitated a cooperative workplace, promoted efficient workplace relations, and supported productivity. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' job security or working conditions.

The Commission found that the agreement largely met the criteria for approval. It facilitated a cooperative workplace by establishing clear procedures for resolving disputes and promoting communication between the employer and employees. The Commission also noted that the agreement supported efficient workplace relations and productivity by setting out clear roles and responsibilities. The Commission was satisfied that the agreement did not adversely affect employees' job security or working conditions. Consequently, the Commission approved the agreement, subject to certain minor modifications to address the employer's concerns.

The Fair Work Commission approved the RET Australia Pty Ltd Enterprise Agreement 2015-2019, subject to certain minor modifications. The modifications were aimed at addressing the employer's concerns and ensuring that the agreement fully complied with the Fair Work Act 2009. The Commission's decision provided clarity and certainty for both the employer and employees, facilitating a cooperative and productive workplace.

RET Australia 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