DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RM Surveys Pty Ltd
(AG2014/10318)

RM SURVEYS PTY LTD ENTERPRISE AGREEMENT 2014

Technical services
DEPUTY PRESIDENT SMITH	MELBOURNE, 14 JANUARY 2015

Application for approval of the RM Surveys Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RM Surveys Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RM Surveys 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 21 January 2015. The nominal expiry date of the Agreement is 13 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the parties involved were RM Surveys Pty Ltd and its employees. The dispute pertained to the approval of the RM Surveys Pty Ltd Enterprise Agreement 2014. The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009 for a new enterprise agreement, particularly focusing on whether it contained minimum entitlements and whether the agreement had been fairly negotiated. The Commission also needed to determine whether the agreement was in the best interests of the employees, considering their overall welfare and the compliance with relevant labour laws.

The Fair Work Commission examined the provisions of the proposed agreement, considering whether it adequately provided for the minimum entitlements prescribed by the Fair Work Act 2009. The Commission assessed the negotiation process and the fairness of the agreement, including whether the employees had been adequately represented and consulted during the negotiations. Additionally, the Commission evaluated if the agreement would serve the best interests of the employees, taking into account their economic and non-economic benefits.

The Commission found that the RM Surveys Pty Ltd Enterprise Agreement 2014 contained all the required minimum entitlements and was the product of a fair negotiation process. It determined that the agreement was in the best interests of the employees, considering their overall welfare and the compliance with relevant labour laws. Consequently, the Commission approved the agreement, recognising its adherence to the statutory requirements and its positive impact on the employees' conditions.

The Fair Work Commission approved the RM Surveys Pty Ltd Enterprise Agreement 2014, subject to the terms and conditions specified in the decision. The agreement was to take effect from the date of the decision, and the parties were directed to take all necessary steps to give effect to the approved agreement.

RM Surveys 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