DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ridgebay Holdings Pty Ltd
(AG2015/3831)

RIDGEBAY HOLDINGS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JULY 2015

Application for approval of the Ridgebay Holdings Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ridgebay Holdings Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 13 July 2015 and, in accordance with s.54, will operate from 20 July 2015. The nominal expiry date of the Agreement is 13 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ridgebay Holdings Pty Ltd was the subject of an application before the Fair Work Commission, concerning the approval of the Ridgebay Holdings Enterprise Agreement 2015. The applicant, Ridgebay Holdings, sought approval of the agreement which was intended to govern the terms and conditions of employment for certain employees within the company. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment. The legal issues the court was required to decide included whether the agreement was genuinely bargained, if it provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements of the Fair Work Act.

The court examined the bargaining process and whether it was genuinely undertaken between the employer and the employees' representatives. It considered whether the agreement was made in good faith and without coercion. The court also assessed the substantive terms of the agreement, including the pay rates, leave entitlements, and other conditions of employment, to determine if they were fair and reasonable. Furthermore, the court scrutinised the procedural aspects, such as the proper notification and the opportunity for employees to be represented and to make submissions. The court found that the agreement was genuinely bargained and met the criteria for approval, noting the transparency and fairness of the process and the reasonableness of the terms.

The Fair Work Commission approved the Ridgebay Holdings Enterprise Agreement 2015, concluding that it satisfied all necessary legal requirements. The decision underscored the importance of genuine bargaining and fair terms in enterprise agreements. The court highlighted that the agreement provided a fair and reasonable framework for the employment relationship, meeting the standards set by the Fair Work Act. The approval of the agreement marked a resolution to the dispute, setting a benchmark for future agreements within the company.

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