DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RL Industries Pty Ltd T/A Longfield Services
(AG2017/5817)

LONGFIELD SERVICES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2018

Application for approval of the Longfield Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Longfield Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RL Industries Pty Ltd T/A Longfield Services. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 30 April 2018 and, in accordance with s.54, will operate from 7 May 2018. The nominal expiry date of the Agreement is 30 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved RL Industries Pty Ltd trading as Longfield Services and the Australian Manufacturing Workers' Union. The issue before the court was the application for approval of the Longfield Services Enterprise Agreement 2017. The dispute centred around the terms and conditions outlined in the proposed agreement and whether it complied with the relevant industrial laws. The case was heard in the Fair Work Commission.

The primary legal issue was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009. This involved examining the agreement to ensure it adhered to the provisions for good faith bargaining, did not unfairly disadvantage employees, and provided for fair and reasonable terms. The court also considered whether the agreement contained mandatory terms that were not appropriately negotiated. Furthermore, the court needed to verify that the agreement complied with the Fair Work (Registered Organisations) Act 2009 in terms of the representativeness of the union involved.

In making its decision, the Fair Work Commission examined the evidence provided by both parties. The Commission determined that the agreement had been reached through genuine and good faith bargaining and that it contained fair and reasonable terms for the employees. The Commission noted that the agreement included provisions for fair and equitable treatment of employees, including protections against unfair dismissal. Additionally, the Commission found that the union was appropriately representative of the employees and that the mandatory terms were adequately negotiated. The Commission approved the Longfield Services Enterprise Agreement 2017, finding it to be compliant with all relevant industrial laws.

The Fair Work Commission's decision was that the application for approval of the Longfield Services Enterprise Agreement 2017 was granted. The agreement was deemed to meet all the necessary legal criteria and was approved for implementation. The court's final orders confirmed the approval of the agreement and directed that it be registered with the Fair Work Commission. This ruling allowed the agreement to take effect as a binding contract between the employer and the employees.

RL Industries Pty Ltd T/A Longfield Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established