Retail FM Pty Ltd Summary

[2014] FWCA 1710

FAIR WORK COMMISSION

DECISION

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

Retail FM Pty Ltd
(AG2014/433)

RETAIL FM PTY LTD SERVICE DIVISION QLD AND CEPU PLUMBING DIVISION AGREEMENT 2012-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 MARCH 2014

Application for approval of the Retail FM Pty Ltd Service Division QLD and CEPU Plumbing Division Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Retail FM Pty Ltd Service Division QLD and CEPU Plumbing Division Agreement 2012-2015 (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] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] 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.

[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 20 March 2014. The nominal expiry date of the Agreement is1 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Retail FM Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, which was the subject of a dispute between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009, including the provisions concerning procedural fairness and the protection of employees' rights.

The court had to decide whether the agreement was genuinely negotiated and whether it complied with the statutory provisions for enterprise agreements, including the requirement for procedural fairness. The court also had to consider whether the agreement met the standard conditions of employment and whether it provided adequate protections for employees, particularly in terms of wages and conditions.

The Fair Work Commission found that the agreement was genuinely negotiated and complied with the statutory provisions for enterprise agreements. The court noted that the agreement provided for procedural fairness and met the standard conditions of employment. The court also found that the agreement provided adequate protections for employees, including in terms of wages and conditions. The court approved the agreement, subject to certain conditions, including the requirement for ongoing compliance with the Fair Work Act 2009.

The court approved the Retail FM Pty Ltd Service Division QLD and CEPU Plumbing Division Agreement 2012-2015, subject to certain conditions, including the requirement for ongoing compliance with the Fair Work Act 2009. The court also ordered that the agreement be registered with the Fair Work Commission and that notice of the agreement be given to all relevant parties.

Retail FM Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established