DECISION

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

Roadline Removal (North Coast) Pty Ltd
(AG2015/185)

ROADLINE REMOVAL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 FEBRUARY 2015

Application for approval of the Roadline Removal Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 February 2015 by Roadline Removal (North Coast) Pty Ltd for the approval of a single-enterprise agreement known as the Roadline Removal Enterprise Agreement 2014(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Roadline Removal (North Coast) Pty Ltd applied for approval of the Roadline Removal Enterprise Agreement 2014. The applicants sought approval under section 232 of the Fair Work Act 2009, and the matter was heard by Commissioner A. R. Robertson. The primary dispute centred around the fairness and compliance of the proposed agreement with statutory requirements.

The legal issues before the Commission involved the assessment of whether the agreement met the criteria for approval, including if it provided for minimum terms and conditions, if it was free from prohibited content, and if it was properly certified. The Commission needed to determine whether the agreement adequately addressed the needs of the employees and if it was made in good faith.

Commissioner Robertson found that the agreement contained all the necessary provisions and was free from prohibited content. The agreement was certified by an independent certifier and met the statutory requirements. The Commissioner concluded that the agreement was fair and appropriate for approval. The application was thus approved under section 232 of the Fair Work Act 2009.

The final orders of the Commission included the approval of the Roadline Removal Enterprise Agreement 2014, with effect from 1 January 2014. The agreement was to be registered and published in accordance with the provisions of the Fair Work Act 2009.

Roadline Removal (North Coast) 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