DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMA Contracting Pty Ltd T/A RMA Group
(AG2018/3498)

RMA CONTRACTING PTY LTD T/AS RMA GROUP ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 26 NOVEMBER 2018

Application for approval of the RMA Contracting Pty Ltd T/As RMA Group Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the RMA Contracting Pty Ltd T/As RMA Group Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMA Contracting Pty Ltd T/A RMA Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 25 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RMA Contracting Pty Ltd T/A RMA Group, the employer, applied for the approval of the RMA Contracting Pty Ltd T/As RMA Group Enterprise Agreement 2018 - 2022. The application was brought before the Fair Work Commission, which is tasked with the approval of enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for approval as stipulated by the Act.

The key legal issues for the Commission to determine were whether the agreement was genuinely an enterprise agreement, whether it was made in accordance with the procedural requirements of the Act, and whether it contained the necessary provisions to ensure it was fair and reasonable. Specifically, the Commission needed to assess whether the agreement complied with the provision in section 230 of the Act, which requires that the agreement provide for the terms and conditions of employment of the employees covered by the agreement.

In reaching its decision, the Commission considered the submissions and evidence provided by both parties. It found that the agreement was genuinely an enterprise agreement, as it was made between the employer and the employees, and it contained the necessary provisions to ensure it was fair and reasonable. The Commission also found that the agreement was made in accordance with the procedural requirements of the Act. The employer had provided the agreement to the employees and had given them a reasonable opportunity to discuss it. The employees had also been given a reasonable opportunity to vote on the agreement.

The Commission approved the enterprise agreement, finding that it met all the criteria for approval under the Act. The agreement will now apply to the employees covered by it, and will regulate their terms and conditions of employment for the period of 2018 to 2022. The employer and the employees are now bound by the terms of the agreement, and any disputes arising from it will be governed by its provisions.

RMA Contracting Pty Ltd T/A RMA Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established