DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Roadverge Pty Ltd T/A Ontime Guardrail
(AG2018/3245)

ROADVERGE PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2018

Application for approval of the Roadverge Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Roadverge Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Roadverge Pty Ltd T/A Ontime Guardrail. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 30 December 2021.

COMMISSIONER

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In the matter of Roadverge Pty Ltd trading as Ontime Guardrail, the Fair Work Commission was called upon to assess the application for approval of the Roadverge Pty Ltd Enterprise Agreement 2018. The dispute arose from the negotiation and subsequent approval of the enterprise agreement, which aimed to govern the terms and conditions of employment for the employees of the company. The Fair Work Commission's role was to ensure that the agreement met all the necessary legal criteria for approval, including fairness, compliance with relevant legislation, and the proper negotiation process.

The primary legal issues that the Fair Work Commission had to resolve were whether the agreement was made in good faith, whether it was free from any coercion, and whether it complied with the statutory provisions outlined in the Fair Work Act 2009. Additionally, the Commission had to determine if the agreement was consistent with the national employment standards and if it provided for proper mechanisms for dispute resolution. These issues were critical to ensuring that the agreement would not only be legally binding but also fair and just for all parties involved.

In examining the application, the Fair Work Commission considered the evidence presented regarding the negotiation process, the content of the agreement, and the impact it would have on the employees. The Commission found that the agreement had been negotiated in good faith, without any element of coercion, and it was in line with the national employment standards. Furthermore, the agreement included appropriate dispute resolution mechanisms, ensuring that employees had access to a fair process in the event of any disagreements. Based on these findings, the Commission determined that the agreement met all the necessary criteria for approval and granted the application.

The Fair Work Commission's decision was grounded in the evidence provided and the legal framework governing enterprise agreements. By approving the Roadverge Pty Ltd Enterprise Agreement 2018, the Commission affirmed that the agreement was fair and just, providing a stable and legally compliant framework for the employment relationship between the company and its employees. The Commission's decision serves as a precedent for similar cases, highlighting the importance of thorough negotiation processes and compliance with legislative requirements in the formation of enterprise agreements.

Roadverge Pty Ltd T/A Ontime Guardrail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established