DECISION

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

RMCG
(AG2015/4924)

RMCG ENTERPRISE AGREEMENT 2015

Scientific services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the RMCG Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RMCG Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RMCG. The Agreement is a single-enterprise agreement.

[1] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[2] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RMCG was an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, the Retail and Fast Food Workers Union, sought approval of the RMCG Enterprise Agreement 2015. The applicant argued that the agreement complied with the provisions of the Act, including the requirement that it be in writing and provide for a fair and efficient system of determining wages and other conditions of employment.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and whether it complied with the Act's other requirements. The court considered the arguments of the parties and examined the terms of the agreement to determine if it met the legislative standards.

The court found that the RMCG Enterprise Agreement 2015 did not meet the criteria for approval under the Act. It concluded that the agreement did not provide for a fair and efficient system of determining wages and other conditions of employment, as required by the legislation. The court found that certain provisions in the agreement were not in compliance with the Act and could not be approved. The court also noted that the agreement did not adequately address some of the issues raised by the parties, such as the classification of employees and the calculation of overtime.

The court therefore refused to approve the agreement. The decision was based on the court's finding that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The court's decision was binding on the parties and could not be appealed. The agreement remained inoperative, and the parties were required to continue to be bound by the existing terms and conditions of employment.

RMCG

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established