Riverland Resources Pty Ltd Summary

[2014] FWCA 887

FAIR WORK COMMISSION

DECISION

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

Riverland Resources Pty Ltd
(AG2013/12181)

RIVERLAND RESOURCES PTY LTD. ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 5 FEBRUARY 2014

Application for approval of the Riverland Resources Pty Ltd. Enterprise Agreement 2013 -2017.

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

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

[3] Fair Work Commission received correspondence dated 31 January 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 of the Agreement is 13 December 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Riverland Resources Pty Ltd was the subject of an application for approval of an Enterprise Agreement 2013-2017 before the Fair Work Commission. The parties involved were Riverland Resources Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the proposed terms and conditions of employment set out in the Enterprise Agreement. The Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement met the requirements of section 235 of the Act and whether it contained the necessary good faith provisions as required by section 230. Specifically, the Commission needed to assess if the agreement was made in good faith and if it contained all the mandatory terms as outlined in the Act. Additionally, the Commission considered whether the agreement unfairly disadvantaged any employees, whether it was free of any unlawful content, and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the Enterprise Agreement was made in good faith and contained all the mandatory terms as required by the Act. The Commission found that the agreement was fair and did not contain any unlawful content. It also satisfied the good faith provisions and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding that it met all the necessary legal requirements.

The final orders of the Fair Work Commission were that the Riverland Resources Pty Ltd Enterprise Agreement 2013-2017 be approved, and the agreement was registered with the Commission. This decision allowed the terms and conditions of employment outlined in the agreement to be legally binding on the parties involved.

Riverland Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established