RMA Construction Group T/A Ross Mitchell & Associates

[2013] FWCA 5842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RMA Construction Group T/A Ross Mitchell & Associates
(AG2013/2149)

ROSS MITCHELL & ASSOCIATES ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 AUGUST 2013

Application for approval of the Ross Mitchell & Associates Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ross Mitchell & Associates Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by RMA Construction Group Pty Ltd t/as Ross Mitchell & Associates (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 27 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RMA Construction Group T/A Ross Mitchell & Associates, an employer, filed an application before the Fair Work Commission (FWC) seeking approval of the Ross Mitchell & Associates Enterprise Agreement 2013-2017. The agreement was negotiated between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), acting as the employees' representative. The dispute primarily revolved around the FWC's authority to approve the agreement, given certain statutory requirements and the agreement's compliance with relevant industrial laws.

The primary legal issues before the FWC were whether the agreement met the necessary criteria for approval under the Fair Work Act 2009 and if it adhered to the statutory obligations and procedural fairness. The FWC had to examine whether the agreement contained all the mandatory terms and conditions, and if it had been genuinely negotiated and agreed upon by the parties. The employer argued that the agreement was the result of good faith bargaining and was in the best interest of the employees, while the union supported the employer's position.

In deliberating on the matter, the FWC considered the statutory provisions and the principles of good faith bargaining, genuine agreement, and procedural fairness. The FWC found that the agreement was negotiated in good faith and contained all the mandatory terms. It also noted that the agreement had been approved by a majority of the employees through a valid voting process. Consequently, the FWC determined that the agreement met the statutory requirements and approved it. The FWC's decision was based on the evidence presented and the principles of industrial law, which emphasised the importance of fair and genuine negotiation processes.

The FWC approved the Ross Mitchell & Associates Enterprise Agreement 2013-2017, affirming its compliance with the Fair Work Act 2009. The FWC found that the agreement had been genuinely negotiated and approved by the employees, meeting all statutory requirements. This decision underscored the importance of fair and genuine negotiation processes in the industrial relations context.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established