RMA Contracting Pty Ltd T/A RMA Group

[2014] FWCA 1917

FAIR WORK COMMISSION

DECISION

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

RMA Contracting Pty Ltd T/A RMA Group
(AG2014/317)

RMA CONTRACTING PTY LTD T/AS RMA GROUP ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 MARCH 2014

Application for approval of the RMA Contracting Pty Ltd t/as RMA Group Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe RMA Contracting Pty Ltd t/as RMA Group Enterprise Agreement 2014 - 2018 (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/as RMA Group (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RMA Contracting Pty Ltd trading as RMA Group, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, proposed for the period 2014 to 2018, was to govern the employment conditions of the company's employees. The dispute arose from the process of approving the agreement and whether it complied with the necessary legal requirements under the Fair Work Act 2009.

The central legal issues before the court were whether the enterprise agreement was made in good faith, whether it contained the minimum terms and conditions as required by law, and if the process of making the agreement was procedurally fair. Specifically, the court needed to determine if the agreement met the criteria for approval as outlined in the Fair Work Act, including verifying that the agreement was not made under duress or coercion and that all procedural fairness was observed.

In delivering its decision, the Fair Work Commission assessed the evidence and arguments presented by both parties. The Commission found that the agreement was made in good faith, contained the necessary minimum terms, and that the process of making the agreement was procedurally fair. The Commission was satisfied that there was no evidence of coercion or unfairness in the negotiation process. Consequently, the Fair Work Commission approved the enterprise agreement.

The court ordered the approval of the RMA Contracting Pty Ltd t/as RMA Group Enterprise Agreement 2014 - 2018, confirming its compliance with all statutory requirements. This decision allows the agreement to take effect and govern the employment conditions of the company's employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established