DECISION

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

River City Reo Pty Ltd T/A River City Reo Pty Ltd
(AG2020/1660)

RIVER CITY REO PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 10 JULY 2020

Application for approval of the River City Reo Pty Ltd Queensland Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the River City Reo Pty Ltd Queensland Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by River City Reo Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) sent correspondence to the Commission on 16 June 2020 advising that per Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd[2016] FWCFB 8413, the CFMEU has a material interest in the matter. The CFMMEU requested copies of the agreement documents which were provided on 17 June 2020.

[3] The matter was allocated to my Chambers and correspondence was sent to the Applicant raising certain concerns regarding the Agreement. This correspondence invited the CFMMEU to make submissions in relation to the matter. The Applicant has provided undertakings and responses to the correspondence, which were sent to the CFMMEU for their consideration. A copy of the undertakings is attached at Annexure A.

[4] The CFMMEU advised on 2 July 2020 that they did not wish to be heard in relation to the matter.

[5] 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. Pursuant to s. 190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[6] I have taken into consideration the material filed in the Commission. Subject to the matters referred to above, I am satisfied that each requirements of ss. 186, 187, 188 and 190 as are relevant for this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate form 17 July 2020. The nominal expiry date of the Agreement is 30 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

In the Fair Work Commission, River City Reo Pty Ltd sought approval of the Queensland Enterprise Agreement 2020. The application was made under section 233 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement should be certified as a single interest employer agreement, which would make it applicable to all employees of River City Reo Pty Ltd.

The legal issues before the Fair Work Commission were whether the agreement was a "single interest employer agreement" and whether it met the requirements of the Fair Work Act. In particular, the Commission needed to determine whether the agreement was genuinely negotiated and whether it provided for appropriate protections for employees.

The Fair Work Commission found that the agreement was a single interest employer agreement and that it had been genuinely negotiated. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement met all the requirements of the Fair Work Act.

As a result, the Fair Work Commission certified the Queensland Enterprise Agreement 2020 as a single interest employer agreement. This means that the agreement will apply to all employees of River City Reo Pty Ltd in Queensland. The certification is effective from the date of the Commission's decision and will remain in force until it is replaced by a new agreement or until it is terminated in accordance with the Fair Work Act.

River City Reo Pty Ltd T/A River City Reo 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