Roadline Removal Aust Pty Ltd

[2013] FWCA 8273

FAIR WORK COMMISSION

DECISION

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

Roadline Removal Aust Pty Ltd
(AG2013/3005)

ROADLINE REMOVAL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 24 OCTOBER 2013

Application for approval of the Roadline Removal Australia Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Roadline Removal Australia Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Roadline Removal Aust Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[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 is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Roadline Removal Australia Pty Ltd for approval of its Enterprise Agreement 2013-2017. The dispute centred around the terms and conditions of employment set out in the proposed agreement. The Commission was tasked with ensuring that the agreement met the necessary legal standards under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided for employees' terms and conditions of employment in a fair and reasonable manner. This involved scrutinising whether the agreement complied with the 'better off overall test' and was free from any provisions that would adversely affect employees. The Commission also had to consider whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act.

In reaching its decision, the Commission examined the various provisions of the agreement, including wages, working hours, and other employment conditions. It found that the agreement met the better off overall test, ensuring that employees would not be worse off financially or in terms of conditions compared to their previous entitlements. The Commission also confirmed that the agreement was made following the correct procedures, with genuine consultation between the employer and employees. As a result, the Commission approved the Roadline Removal Australia Pty Ltd Enterprise Agreement 2013-2017.

The Fair Work Commission approved the Roadline Removal Australia Pty Ltd Enterprise Agreement 2013-2017, confirming its compliance with the relevant legal standards under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established