Richard Field Construction Pty Ltd

[2014] FWCA 7000

FAIR WORK COMMISSION

DECISION

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

Richard Field Construction Pty Ltd
(AG2014/7660)

RICHARD FIELD CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 OCTOBER 2014

Application for approval of the Richard Field Construction Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 September 2014 by Richard Field Construction Pty Ltd for the approval of a single-enterprise agreement known as the Richard Field Construction Pty Ltd Enterprise Agreement 2014(“the 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Richard Field Construction Pty Ltd, an applicant, seeking approval of the Enterprise Agreement 2014. The dispute centred around the validity and compliance of the agreement with the relevant industrial laws and standards. The Commission was tasked with assessing the procedural fairness and merits of the agreement, which was negotiated between the employer and the employees' representatives.

The primary legal issues that the Commission needed to address were whether the agreement was genuinely negotiated and whether it complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Commission also considered whether the agreement provided adequate protections for employees and if the process leading to the agreement was free from any procedural defects.

The Commission found that the agreement had been genuinely negotiated between the parties and that it complied with the legislative framework. The Commission was satisfied with the procedural fairness of the negotiation process and concluded that the agreement provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions that went beyond the minimum standards set by the Act, which was a positive indicator of its adequacy. The Commission approved the Enterprise Agreement 2014, finding it to be in the best interests of the employees and compliant with the relevant laws.

The Commission's decision resulted in the formal approval of the Richard Field Construction Pty Ltd Enterprise Agreement 2014, which would now govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established