DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RNM Solutions Pty Ltd
(AG2017/5329)

RNM SOLUTIONS PTY LTD ENTERPRISE AGREEMENT - 2017/2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2018

Application for approval of the RNM Solutions Pty Ltd Enterprise Agreement - 2017/2020.

[1] An application has been made for approval of an enterprise agreement known as the RNM Solutions Pty Ltd Enterprise Agreement - 2017/2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RNM Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 26 March 2018 and, in accordance with s.54, will operate from 2 April 2018. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RNM Solutions Pty Ltd sought approval of an enterprise agreement with its employees for the period 2017 to 2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the statutory requirements for approval. The application was made under section 233 of the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement appropriately covered all the necessary aspects of employee conditions and if it complied with the procedural fairness requirements.

The court examined the specific provisions of the agreement to ensure it covered all mandatory bargaining topics as required by the Fair Work Act. It also evaluated whether the agreement was reached through genuine bargaining and whether it provided for fair and reasonable terms and conditions for the employees. The court considered the procedural fairness in the bargaining process, ensuring that all parties had an opportunity to be heard and that the process was free from bias and improper influence.

In making its determination, the FWC found that the RNM Solutions Pty Ltd Enterprise Agreement met all the necessary statutory requirements for approval. The agreement covered all mandatory topics, was reached through genuine bargaining, and provided for fair and reasonable terms and conditions for the employees. The court was satisfied with the procedural fairness of the bargaining process and approved the agreement for the specified period. Consequently, the agreement was approved and will govern the employment conditions between RNM Solutions Pty Ltd and its employees from 2017 to 2020.

RNM Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established