DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retaining Solutions Design Construct Pty Ltd
(AG2016/2424)

RETAINING SOLUTIONS DESIGN CONSTRUCT PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2016

Application for approval of the Retaining Solutions Design Construct Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Retaining Solutions Design Construct Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Retaining Solutions Design Construct Pty Ltd. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 14 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Retaining Solutions Design Construct Pty Ltd sought approval of an enterprise agreement. The dispute involved the company's employees, specifically those in the construction industry. The Commission was required to determine whether the agreement met the necessary legal criteria for approval, including compliance with the Fair Work Act 2009.

The primary legal issues centred on whether the agreement appropriately addressed the employees' conditions of employment, including wages, hours of work, and other terms and conditions. The Commission also needed to assess whether the agreement complied with the procedural requirements set out in the Fair Work Act, such as the provision of relevant information to employees and the holding of a secret ballot.

The Fair Work Commission determined that the enterprise agreement was fair and reasonable for the employees, taking into consideration the specific circumstances of the construction industry. The Commission was satisfied that the agreement met all the statutory requirements, including the provision of necessary information and the conduct of a secret ballot. Consequently, the Commission approved the Retaining Solutions Design Construct Pty Ltd Enterprise Agreement 2016-2020.

The final orders of the Commission included the approval of the enterprise agreement, which would now be in effect for the specified period of 2016 to 2020, governing the employment conditions of the employees involved.

Retaining Solutions Design Construct 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