DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RLS (WA) Pty Ltd T/A RLS (WA) Pty Ltd
(AG2020/2392)

RLS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 1 SEPTEMBER 2020

Application for approval of the RLS Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RLS 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 RLS (WA) Pty Ltd T/A RLS (WA) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 8 September 2020. The nominal expiry date of the Agreement is 31 August 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RLS (WA) Pty Ltd, trading as RLS (WA) Pty Ltd, applied to the Fair Work Commission (FWC) for approval of the RLS Enterprise Agreement 2020. The application was made under section 232 of the Fair Work Act 2009, and the respondent, the Transport Workers Union of Australia, did not object to the application. The nature of the dispute was the formal approval of a new enterprise agreement which had been negotiated between the applicant employer and the respondent union. The decision was made by the FWC, a specialist Australian legal body with jurisdiction over employment law matters.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the legal requirements for formal approval. This included whether the agreement had been made in good faith and whether it provided for the mandatory terms set out in the Fair Work Act. Additionally, the FWC considered whether the agreement contained any terms that were contrary to public policy. Given that the respondent union did not oppose the application, the FWC focused on the procedural fairness of the agreement and its compliance with statutory provisions.

The FWC found that the enterprise agreement was appropriately negotiated in good faith and met the requirements of the Fair Work Act. The agreement was comprehensive and provided for all mandatory terms, including those related to minimum wages, classification, and conditions of employment. The FWC was satisfied that the agreement did not contain any terms that were contrary to public policy. As the respondent union had not raised any objections, the FWC approved the agreement.

The FWC issued an order approving the RLS Enterprise Agreement 2020 as meeting the requirements of the Fair Work Act. The agreement was registered with the FWC, effective from the date of the decision. The approval ensures that the terms of the agreement are legally binding on both the employer and the employees covered by the agreement.

RLS (WA) Pty Ltd T/A RLS (WA) 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