Ri Industries Development Pty Ltd

[2013] FWCA 7130

FAIR WORK COMMISSION

DECISION

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

Ri Industries Development Pty Ltd
(AG2013/9225)

RI-INDUSTRIES ENTERPRISE BARGAINING AGREEMENT 2013

Cement and concrete products
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 19 SEPTEMBER 2013

Application for approval of the Ri-Industries Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ri-Industries Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ri Industries Development Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2013. The nominal expiry date of the Agreement is 26 September 2017.

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CaseChat Overview and Summary

The applicant, Ri Industries Development Pty Ltd, sought approval of the Ri-Industries Enterprise Bargaining Agreement 2013 in the Fair Work Commission. The dispute revolved around the application's compliance with the Fair Work Act 2009, particularly concerning the bargaining process and the substantive terms of the agreement. The primary legal issues before the court were whether the agreement was made in good faith, the extent to which the bargaining process adhered to statutory requirements, and whether the terms of the agreement were consistent with the objectives of the Fair Work Act.

The court examined the evidence provided by the applicant, focusing on the bargaining process and the content of the agreement. It was established that the applicant had engaged in good faith bargaining with the relevant union. The court considered the procedural fairness and the substantive fairness of the agreement. The applicant's evidence demonstrated a commitment to a fair and transparent bargaining process. The court found that the agreement contained terms that were not only fair and reasonable but also consistent with the broader objectives of the Fair Work Act.

In its decision, the Fair Work Commission approved the Ri-Industries Enterprise Bargaining Agreement 2013, affirming that the agreement met the statutory requirements for good faith bargaining and substantive fairness. The court concluded that the applicant had demonstrated a genuine attempt to reach an agreement and that the terms of the agreement were not detrimental to the employees. The decision underscored the importance of fair and transparent bargaining processes in achieving agreements that are beneficial to both employers and employees.

The final orders included the approval of the Ri-Industries Enterprise Bargaining Agreement 2013, effective from the date of the decision. The court mandated that the applicant implement the agreement in accordance with its terms and ensure ongoing compliance with the Fair Work Act. The decision also directed the parties to adhere to the agreed-upon dispute resolution procedures within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established