DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridgebay Holdings Pty Ltd
(AG2019/5064)

RIDGEBAY HOLDINGS KARRATHA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 23 JANUARY 2020

Application for approval of the Ridgebay Holdings Karratha Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ridgebay Holdings Karratha 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 Ridgebay Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 23 January 2020 and, in accordance with s.54, will operate from 30 January 2020. The nominal expiry date of the Agreement is 1 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ridgebay Holdings Pty Ltd, an employer, applied for approval of the Karratha Enterprise Agreement 2019 with its employees. The Fair Work Commission heard the matter, considering whether the agreement met the criteria under the Fair Work Act 2009. The legal issues before the Commission involved ensuring the agreement provided for fair and reasonable terms and conditions of employment, and that it was certified by an independent person as genuine. Additionally, the Commission needed to verify that the agreement had been subject to a genuine enterprise bargaining process, as mandated by the Act.

The Commission assessed whether the agreement contained appropriate provisions for minimum terms and conditions, and whether it was certified by a relevant independent person. It was also necessary to determine if the agreement was genuinely negotiated and not imposed. The Commission examined the process by which the agreement was developed, including the parties' conduct and whether there had been sufficient opportunity for genuine bargaining. The Commission considered the evidence provided by both parties and the submissions made regarding the agreement's provisions and the bargaining process.

The Fair Work Commission found that the agreement contained fair and reasonable terms and conditions, and was certified by an independent person. The Commission also concluded that the agreement had been genuinely negotiated and not imposed. The process was deemed to meet the requirements of the Fair Work Act, with evidence of genuine bargaining efforts and proper conduct by the parties. Consequently, the Commission approved the Ridgebay Holdings Karratha Enterprise Agreement 2019.

The Fair Work Commission ordered that the Karratha Enterprise Agreement 2019 be approved and registered, effective from the date of the Commission's decision. This approval signifies that the agreement is to be recognised as a lawful and binding enterprise agreement under the Fair Work Act, applicable to the employees of Ridgebay Holdings Pty Ltd in the Karratha region.

Ridgebay Holdings 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