DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Robertson Plumbing and Gas Pty Ltd T/A Robertson Civil Services
(AG2015/464)

ROBERTSON CIVIL SERVICES PTY LTD ENTERPRISE AGREEMENT, PORTLAND ALUMINIUM ALCOA SITE 2014-2017

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 12 MARCH 2015

Application for approval of the Robertson Civil Services Pty Ltd Enterprise Agreement, Portland Aluminium Alcoa Site 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Robertson Civil Services Pty Ltd Enterprise Agreement, Portland Aluminium Alcoa Site 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Robertson Plumbing and Gas Pty Ltd T/A Robertson Civil Services. 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 Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 12 March 2015 and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 1 January 2017.

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CaseChat Overview and Summary

In the case of Robertson Plumbing and Gas Pty Ltd T/A Robertson Civil Services, the matter before the Fair Work Commission involved an application for approval of the Robertson Civil Services Pty Ltd Enterprise Agreement, specifically pertaining to the Portland Aluminium Alcoa Site for the period 2014-2017. The applicant, Robertson Plumbing and Gas, sought the Commission's approval of the enterprise agreement which aimed to establish terms and conditions of employment for the employees working at the site. The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the process of bargaining and the terms and conditions set forth in the agreement.

The Commission examined the process through which the agreement was reached, ensuring that it was genuinely bargained between the employer and the employees' representatives. The scrutiny involved verifying that the agreement complied with the procedural fairness provisions and that it was made in good faith. Additionally, the Commission evaluated the substantive terms of the agreement, considering if they provided for minimum entitlements as prescribed by the relevant award or registered agreement, and whether they met the "better off overall test". This test requires that employees be no worse off financially and ideally better off overall compared to their previous conditions.

After conducting a thorough analysis, the Commission concluded that the agreement had been fairly negotiated and met the statutory requirements. The terms of the agreement were found to be reasonable and in compliance with the legislative provisions. Therefore, the Commission approved the Robertson Civil Services Pty Ltd Enterprise Agreement, confirming its validity for the specified period. This decision ensures that the employees of Robertson Civil Services at the Portland Aluminium Alcoa Site are governed by the terms of the approved agreement, providing clarity and stability in their employment conditions.

Robertson Plumbing and Gas Pty Ltd T/A Robertson Civil Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established