Rode's Excavations Pty Ltd

[2013] FWCA 4166

FAIR WORK COMMISSION

DECISION

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

Rode's Excavations Pty Ltd
(AG2013/7006)

RODE'S EXCAVATIONS PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 JUNE 2013

Application for approval of the Rode’s Excavations Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 June 2013 by Rode’s Excavations Pty Ltd for the approval of a single-enterprise agreement known as the Rode’s Excavations Pty Ltd Enterprise Agreement 2013 (“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 matter of the Fair Work Commission, the applicant Rode's Excavations Pty Ltd sought approval for the Rode’s Excavations Pty Ltd Enterprise Agreement 2013. The applicant is an excavation and earthmoving contractor, and the dispute centred on the terms and conditions set forth in the proposed enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement satisfied the statutory criteria for registration. These criteria include ensuring the agreement is in writing, that it provides for a procedure for the resolution of disputes, and that it does not mandate or prohibit any matter that is prohibited by a law. Additionally, the agreement needed to ensure the rights of employees were protected and to be free from any contravention of the Act.

The Commission found that the agreement complied with the statutory requirements and did not contain any provisions that contravened the Fair Work Act. The agreement provided for a fair and equitable resolution of disputes and ensured that employees’ rights were adequately protected. The Commission was satisfied that the agreement met all the necessary criteria for approval and did not contain any provisions that would prevent its registration. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the Commission's decision, the Rode’s Excavations Pty Ltd Enterprise Agreement 2013 was approved and registered. This decision ensured that the terms and conditions set forth in the agreement would govern the employment relationship between the applicant and its employees, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established