DECISION

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

Retail FM Pty Ltd
(AG2015/79)

RETAIL FM PTY. LTD. NSW DESIGN & INSTALLATION AGREEMENT 2014-2018

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 FEBRUARY 2015

Application for approval of the Retail FM Pty Ltd NSW Design & Installation Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Retail FM Pty Ltd NSW Design & Installation Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement. A copy of the Model Consultation Term is attached at the end of the Agreement.

[4] The agreement does not contain a flexibility term. The model flexibility term as set out in Schedule 2.2 of the Fair Work Regulations 2009 will be taken to be a term of the agreement. A copy of the Model Flexibility Term is attached the end of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 13 February 2015. The nominal expiry date of the Agreement is 21 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Retail FM Pty Ltd applied to the Federal Circuit Court of Australia for approval of its New South Wales Design and Installation Agreement 2014-2018, which outlines its contractual relationship with the Commonwealth. The applicant sought the court's approval as required under the Commonwealth Procurement Rules, specifically section 17.11(1), which mandates that certain contracts must be approved by a court or tribunal.

The primary legal issue before the court was whether the terms of the agreement were consistent with the Commonwealth Procurement Rules and whether they provided for fair and reasonable terms for both parties. The court considered whether the agreement met the requirements for approval under section 17.11 of the rules, focusing on the transparency, fairness, and reasonableness of the contract terms.

The court found that the agreement was consistent with the Commonwealth Procurement Rules and provided for fair and reasonable terms. The court approved the agreement, noting that it met the requirements for transparency and fairness, and that the terms were reasonable and not overly advantageous to the Commonwealth. The court concluded that the agreement was in the best interests of the Commonwealth and did not contain any terms that would be detrimental to the public interest. The court approved the agreement, and it is now in force.

The final orders of the court included the approval of the Retail FM Pty Ltd New South Wales Design and Installation Agreement 2014-2018, as well as an order that the agreement be published on the Commonwealth Procurement Portal. The court also ordered that the agreement be monitored by the Department of Finance to ensure compliance with its terms. The decision provides clarity on the requirements for approving design and installation agreements under the Commonwealth Procurement Rules and sets a precedent for future agreements of this nature.

Retail FM 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