RIC Electrics Pty Ltd

[2014] FWCA 6540

FAIR WORK COMMISSION

DECISION

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

RIC Electrics Pty Ltd
(AG2014/8833)

RIC ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 SEPTEMBER 2014

Application for approval of the RIC Electrics Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RIC Electrics Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement].

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 September 2014. The nominal expiry date of the Agreement is 25 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RIC Electrics Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the RIC Electrics Pty Ltd Enterprise Agreement 2014. The dispute involved the conditions of employment for the company's employees and the terms and conditions set out in the proposed agreement. The court was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Fair Work Act. The court had to consider whether the agreement met the criteria for approval, including whether it provided for a fair and reasonable terms and conditions of employment, and whether it was made in good faith and without coercion.

The court found that the agreement met the requirements for approval under the Fair Work Act. The court considered that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements of the Act. The court noted that the agreement had been made in good faith and without coercion, and that it provided for a fair and reasonable resolution of the employment issues between the parties. The court also found that the agreement provided for a range of protections for employees, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms.

Accordingly, the court approved the RIC Electrics Pty Ltd Enterprise Agreement 2014, and the agreement will now apply to the employees of the company. The decision of the court is final and binding, and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established