RMA Contracting Pty Ltd T/A RMA Group Summary

[2023] FWCA 864

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RMA Contracting Pty Ltd T/A RMA Group

(AG2023/618)

RMA CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2023 – 2027

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 22 MARCH 2023

Application for approval of the RMA Contracting Pty Ltd Enterprise Agreement 2023 – 2027

An application has been made for approval of an enterprise agreement known as the RMA Contracting Pty Ltd Enterprise Agreement 2023 – 2027 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 29 March 2023. The nominal expiry date of the Agreement is 29 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RMA Contracting Pty Ltd, trading as RMA Group, applied for the approval of their Enterprise Agreement 2023 – 2027 under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees within the scope of the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue the court had to decide was whether the proposed enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This included ensuring that the agreement provided for fair and reasonable terms and conditions, did not adversely affect employees' general entitlements, and complied with any relevant industry safety standards. The court also needed to determine whether the agreement had been genuinely negotiated and whether the bargaining process had been conducted in good faith.

The Fair Work Commission examined the evidence and submissions from both RMA Contracting Pty Ltd and the relevant employee representatives. The Commission found that the agreement provided for fair and reasonable terms and conditions, did not adversely affect employees' general entitlements, and complied with relevant industry safety standards. The Commission also concluded that the agreement had been genuinely negotiated and the bargaining process had been conducted in good faith.

The Fair Work Commission approved the RMA Contracting Pty Ltd Enterprise Agreement 2023 – 2027, allowing it to take effect from the specified commencement date. The decision was based on the findings that the agreement met all the legal criteria for approval and was in the best interests of the employees and the employer.

RMA Contracting Pty Ltd T/A RMA Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established