DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RHG Contractors Pty Ltd
(AG2016/2464)

RHG CONTRACTORS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 MAY 2016

Application for approval of the RHG Contractors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RHG Contractors 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 RHG Contractors 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2016. The nominal expiry date of the Agreement is 4 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of RHG Contractors Pty Ltd, the Fair Work Commission was asked to approve the RHG Contractors Enterprise Agreement 2015. The dispute arose from a negotiation between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The employees sought various improvements in their conditions of employment, while the employer aimed to maintain a balance between employee benefits and business sustainability. The central issue before the Commission was whether the proposed agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues primarily revolved around whether the agreement provided for minimum entitlements, allowed for proper bargaining, and met procedural requirements. The Commission had to consider if the agreement adequately covered all mandatory terms and conditions, including minimum wages, leave entitlements, and other workplace standards. Furthermore, the Commission needed to assess whether the negotiation process was genuine and whether there was sufficient representation of the employees during the bargaining process.

The Fair Work Commission determined that the RHG Contractors Enterprise Agreement 2015 met all the necessary criteria for approval. The agreement was found to provide for minimum entitlements as required by the Act and was the product of genuine negotiations between the parties. The Commission also noted that the process allowed for proper representation and consideration of the employees' interests. Consequently, the application for approval was granted, and the agreement was registered.

The final orders of the Commission included the registration of the RHG Contractors Enterprise Agreement 2015, effective from the date of the decision. This registration ensured that the terms and conditions of the agreement would apply to the employees covered by it, thereby resolving the dispute and providing a clear framework for employment relations moving forward.

RHG Contractors 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