DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rob Carr Pty Ltd
(AG2018/5533)

ROB CARR PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 2 APRIL 2019

Application for approval of the Rob Carr Pty Ltd Enterprise Agreement 2018.

[1] An Application has been made under s.185 of the Fair Work Act 2009 (The Act) for approval of an enterprise agreement known as Rob Carr Pty Ltd Enterprise Agreement 2018(The Agreement). It has been made by Rob Carr Pty Ltd (The Employer). It is a single enterprise agreement.

[2] The Employer has provided a written undertaking which is annexed to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 is approved and, in accordance s.54 of the Act, will operate from 9 April 2019. The nominal expiry date of the Agreement is 2 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rob Carr Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009. The applicants were the employer Rob Carr Pty Ltd and the respondents were various trade unions and employee representatives. The legal issue before the Fair Work Commission was whether the enterprise agreement met the requirements of the Fair Work Act, including provisions for minimum terms and conditions, the process for resolving disputes, and the proper representation of employees. The Commission had to assess whether the agreement was in the best interests of the employees, particularly in relation to the minimum terms and conditions stipulated by the Act.

The Commission examined the agreement's provisions and the submissions made by the parties. It considered the evidence provided on the processes for resolving disputes and the representation of employees. The Commission determined that the agreement contained provisions that complied with the minimum terms and conditions set out in the Fair Work Act, including provisions for the resolution of disputes. The agreement was found to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, while also ensuring that the employer's operational needs were met. The Commission was satisfied that the agreement had been properly negotiated and that the employees were adequately represented by the relevant trade unions and employee representatives.

Accordingly, the Fair Work Commission approved the Rob Carr Pty Ltd Enterprise Agreement 2018 under section 231 of the Fair Work Act. The approval ensures that the agreement will have legal effect and that the terms and conditions set out in the agreement will apply to the employees covered by the agreement. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement will be upheld and enforced in accordance with the provisions of the Fair Work Act.

Rob Carr 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