Retaining Wall Solutions Pty Ltd Summary

[2016] FWCA 10

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Retaining Wall Solutions Pty Ltd t/a Retaining Wall Solutions
(AG2015/7551)
RW SOLUTIONS ENTERPRISE AGREEMENT 2015
Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2016

Application for approval of the RW Solutions Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

RW Solutions Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Retaining Wall

Solutions Pty Ltd t/a Retaining Wall Solutions. 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] In accordance with the terms of Clause 10 of the Agreement, which incorporates the

model flexibility term, the model term is taken to be a term of the agreement.
[2016] FWCA 10

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

12 January 2016. The nominal expiry date of the Agreement is 4 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 10

Annexure A

CaseChat Overview and Summary

The Federal Court of Australia considered an application for the approval of the RW Solutions Enterprise Agreement 2015, which was submitted by Retaining Wall Solutions Pty Ltd. This agreement was made under section 185 of the Fair Work Act 2009, and it is intended to serve as a single enterprise agreement within the building, metal, and civil construction industries. The primary concern of the court was to determine whether the agreement met the necessary requirements for approval and whether it would result in financial detriment to employees or substantial changes to the agreement.

The court had to ascertain if the agreement fulfilled the criteria outlined in sections 186, 187, 188, and 190 of the Act. Additionally, the court examined the written undertakings provided by the applicant to ensure they would not cause financial harm to the employees and would not lead to significant alterations in the agreement. The court also considered the model flexibility term incorporated in Clause 10 of the Agreement.

After evaluating the application and the provided undertakings, the Commissioner concluded that all the necessary requirements for approval were met. The Commissioner was satisfied that the agreement would not result in financial detriment to employees and would not lead to substantial changes. Consequently, the court approved the agreement and determined that it would commence on 12 January 2016. The nominal expiry date for the agreement was set at 4 January 2020.

Retaining Wall Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established