DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richard Field Constructions Pty Ltd T/A Richard Field Constructions
(AG2019/2126)

RICHARD FIELD CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 9 JULY 2019

Application for approval of the Richard Field Constructions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Richard Field Constructions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Richard Field Constructions Pty Ltd T/A Richard Field Constructions. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2019. The nominal expiry date of the Agreement is 8 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Richard Field Constructions Pty Ltd, trading as Richard Field Constructions, applied for the approval of the Richard Field Constructions Pty Ltd Enterprise Agreement 2019. The application came before the Commission, which had to determine whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "bargained agreement" as defined in the Act and whether it contained all the necessary provisions and complied with the statutory requirements. The Commission considered the nature of the bargaining process, the fairness of the terms and conditions, and whether any mandatory provisions of the Act were included.

The Commission found that the agreement was indeed a bargained agreement, having been negotiated between the employer and the employees' representatives. The terms and conditions were deemed fair and reasonable, taking into account the nature of the industry and the circumstances of the parties. The Commission was satisfied that all mandatory provisions of the Act were included in the agreement and that it met the requirements for approval. Consequently, the Commission approved the Richard Field Constructions Pty Ltd Enterprise Agreement 2019.

As a result of the Commission's decision, the agreement was approved and will now serve as the governing contract between Richard Field Constructions Pty Ltd and its employees, setting out their terms and conditions of employment.

Richard Field Constructions Pty Ltd T/A Richard Field Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established