RJ & JC Labour Hire Pty Ltd Summary

[2014] FWCA 497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RJ & JC Labour Hire Pty Ltd
(AG2013/11436)

RJ & JC LABOUR HIRE PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JANUARY 2014

Application for approval of the RJ & JC Labour Hire Pty Ltd Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RJ & JC Labour Hire Pty Ltd Employee 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 RJ & JC Labour Hire Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 21 January 2014 and, in accordance with s.54, will operate from 28 January 2014. The nominal expiry date of the Agreement is 21 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved RJ & JC Labour Hire Pty Ltd, an employer, and a union representing its employees, who sought approval of the RJ & JC Labour Hire Pty Ltd Employee Enterprise Agreement 2013. The union contended that the agreement was fair and reasonable, while the employer argued it was unfair due to certain provisions. The case was heard in the Fair Work Commission of Australia.

The primary legal issue for the court to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was fair and reasonable, taking into account various factors such as the nature of the bargaining process, the extent of employee representation, and the impact of the agreement on employees. The court also considered whether the agreement adequately addressed the terms and conditions of employment, including pay rates, hours of work, and other relevant matters.

The court examined the evidence presented by both parties and reviewed the content of the agreement. It found that the agreement was reached through a genuine bargaining process with adequate employee representation. The court also concluded that the agreement contained provisions that were fair and reasonable in relation to the terms and conditions of employment. Consequently, the court approved the agreement, finding that it met the statutory criteria for approval.

The court ordered that the RJ & JC Labour Hire Pty Ltd Employee Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement would now serve as the governing instrument for the terms and conditions of employment for the employees of RJ & JC Labour Hire Pty Ltd, effective from the date of approval.

RJ & JC Labour Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established