DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rodaux Pty Ltd T/A Rodaux Pty Ltd
(AG2019/82)

RODAUX PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 APRIL 2019

Application for approval of the Rodaux Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Rodaux Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rodaux Pty Ltd T/A Rodaux Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings 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] I note that Clause 4.4 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 9 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rodaux Pty Ltd, trading as Rodaux Pty Ltd, applied for the approval of the Rodaux Pty Ltd Enterprise Agreement 2019-2023 before the Fair Work Commission. The dispute involved the application of the agreement which was proposed between the employer and the employees covered by the agreement. The court was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues before the court were whether the agreement contained the minimum terms and conditions as stipulated by the Fair Work Act, and if it was made in good faith. The court needed to examine whether the agreement complied with the procedural requirements, including proper consultation with the employees and whether it addressed the essential terms and conditions of employment. The court also had to consider whether the agreement had been fairly negotiated and if it contained any provisions that were contrary to public policy or were otherwise invalid.

In reaching its decision, the court carefully reviewed the provisions of the agreement and the evidence of the negotiation process provided by the parties. It found that the agreement did indeed meet the minimum terms and conditions required by the Act and that it had been made in good faith. The court was satisfied that there had been proper consultation and negotiation, and that the agreement was fair and reasonable. Consequently, the court approved the agreement and ordered its registration under the Fair Work Act.

The final order of the court was that the Rodaux Pty Ltd Enterprise Agreement 2019-2023 be approved and registered as a registered agreement under section 176 of the Fair Work Act 2009. This decision effectively formalised the agreement, making it legally binding on the parties involved and enforceable in accordance with the Act.

Rodaux Pty Ltd T/A Rodaux 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