RIPA Concrete Cutting Pty Ltd

[2013] FWCA 2825

FAIR WORK COMMISSION

DECISION

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

RIPA Concrete Cutting Pty Ltd
(AG2013/5881)

RIPA CONCRETE CUTTING PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 MAY 2013

Application for approval of the RIPA Concrete Cutting Pty Ltd Enterprise Agreement 2013-2017 .

[1] An application has been made for approval of an enterprise agreement known as the RIPA Concrete Cutting Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by RIPA Concrete Cutting Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 9 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “A”

CaseChat Overview and Summary

RIPA Concrete Cutting Pty Ltd is the applicant before the Fair Work Commission seeking approval of the RIPA Concrete Cutting Pty Ltd Enterprise Agreement 2013-2017. The respondent is the Australian Building and Construction Employees and Builders Labourers Federated Union. The nature of the dispute is the application for the approval of an enterprise agreement which has been negotiated between the parties. The Commission has jurisdiction to consider the application under section 232 of the Fair Work Act 2009.

The legal issues considered by the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provisions for minimum rates of pay, penalty rates, and other employment conditions. The Commission also considered whether the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission noted that the agreement provided for a structured process for the resolution of disputes, including the use of conciliation and arbitration. The Commission also found that the agreement provided for appropriate minimum rates of pay and penalty rates, and that it did not contain any provisions that were contrary to the public interest.

The Fair Work Commission approved the RIPA Concrete Cutting Pty Ltd Enterprise Agreement 2013-2017, finding that it complied with the requirements of the Fair Work Act and provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission found that the agreement provided for appropriate minimum rates of pay and penalty rates, and that it did not contain any provisions that were contrary to the public interest. The Commission also noted that the agreement had been negotiated in good faith between the parties, and that it provided for a structured process for the resolution of disputes.

The final orders of the Commission were that the RIPA Concrete Cutting Pty Ltd Enterprise Agreement 2013-2017 be approved as a registered agreement under the Fair Work Act. The Commission also ordered that the agreement be registered by the Registrar of the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established