CORRECTION TO DECISION

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

Retail FM Pty Ltd
(AG2014/434)

RETAIL FM PTY. LTD., DESIGN & INSTALLATION DIVISION QLD CEPU AND PLUMBING DIVISION COLLECTIVE AGREEMENT 2012-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 DECEMBER 2015

Application for approval of the Retail FM Pty. Ltd., Design & Installation Division Qld CEPU and Plumbing Division Collective Agreement 2012-2015.

The decision issued by the Fair Work Commission on 11 March 2014 [2014] FWCA 1679 is corrected as follows:

1. By deleting the last sentence in paragraph [6] and replacing it with the following:

“The nominal expiry date of the Agreement is 18 March 2017.”

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Retail FM Pty Ltd, Design & Installation Division Qld, for the approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The dispute centred on the proposed terms and conditions of employment, which the applicant sought to implement for its employees. The matter was heard in the Commission's division responsible for approving single-enterprise agreements.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under section 185 of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission needed to determine if the agreement was genuinely negotiated, whether it provided for fair remuneration and conditions, and if it adhered to the relevant provisions of the Fair Work Act.

In making its decision, the Commission considered the evidence presented by the parties and the requirements of the Act. It found that the agreement met the criteria for approval, as it was negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the procedural requirements for approval were met. The Commission noted that the agreement provided for appropriate remuneration and conditions, and that it did not contravene any relevant provisions of the Act.

The Fair Work Commission approved the single-enterprise agreement proposed by Retail FM Pty Ltd, Design & Installation Division Qld. The approval was based on the findings that the agreement was genuinely negotiated, provided for fair and reasonable terms and conditions of employment, and complied with the relevant provisions of the Fair Work Act. The Commission's decision ensures that the employees of the company are covered by a legally binding agreement that sets out their terms and conditions of employment.

RETAIL FM PTY. LTD., DESIGN & INSTALLATION DIVISION QLD CEPU

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established