Riverside Lane Pty Ltd Summary

[2013] FWCA 1972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverside Lane Pty Ltd
(AG2013/602)

RIVERSIDE LANE PTY LTD ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 3 APRIL 2013

Application for approval of the Riverside Lane Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Riverside Lane Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riverside Lane Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2013. The nominal expiry date of the Agreement is 3 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Riverside Lane Pty Ltd, applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission. The applicant sought to have the Enterprise Agreement 2013 approved, which would apply to its employees who are classified as "casual employees". The dispute involved whether the agreement met the requirements of the Fair Work Act, particularly whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the Enterprise Agreement 2013 was an "enterprise agreement" within the meaning of the Fair Work Act and whether it contained terms that were fair and reasonable. The Commission needed to assess if the agreement provided for the employees' terms and conditions in a manner that was procedurally and substantively fair. Additionally, the Commission had to consider if the agreement met the "better off overall test" and if it complied with the "no disadvantage test".

The Commission found that the Enterprise Agreement 2013 was an appropriate agreement for the purposes of the Fair Work Act. The agreement contained terms that were fair and reasonable and met the better off overall test. The Commission also determined that the agreement did not place employees at a disadvantage compared to their previous terms and conditions. The Commission was satisfied that the agreement provided for the employees' terms and conditions in a fair and reasonable manner and that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the Enterprise Agreement 2013, finding that it was an appropriate agreement for the purposes of the Fair Work Act and that it met the necessary tests for approval. The agreement was registered, and the terms and conditions set out in the agreement would apply to the employees of Riverside Lane Pty Ltd.

Riverside Lane Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established