DECISION

Fair Work Act 2009
s.185 - Enterprise agreement

Rodri Civil Constructions Pty Ltd
(AG2019/4622)

RODRI CIVIL CONSTRUCTIONS AND EMPLOYEES ENTERPRISE AGREEMENT 2019 – 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 20 MARCH 2020

Application for approval of the Rodri Civil Constructions and Employees Enterprise Agreement 2019-2022.

[1] An application has been made for the approval of an enterprise agreement known as the Rodri Civil Constructions and Employees Enterprise Agreement 2019 – 2022 (‘the Agreement’). The application was made by Rodri Civil Constructions Pty Ltd (‘the Applicant’) pursuant to s.185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 March 2020. The nominal expiry date of the Agreement is 20 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rodri Civil Constructions Pty Ltd applied for the approval of an enterprise agreement for the period 2019 to 2022. The applicant, a civil construction company, sought to enter into an agreement with its employees. The dispute centred on the terms and conditions of employment contained within the proposed agreement.

The legal issues before the Commission involved assessing whether the enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act, if it was free from any unfair content, and if it complied with procedural requirements such as proper consultation and notice provisions.

The Commission examined the application in detail, taking into account submissions from both parties and relevant legislative provisions. It found that the proposed agreement was free from unfair content, contained all the mandatory terms as required by the Act, and had been formed through a proper process of consultation and notice. The Commission approved the enterprise agreement, considering it to be in the best interests of the employees and the business.

The Fair Work Commission approved the Rodri Civil Constructions and Employees Enterprise Agreement 2019-2022, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Rodri Civil Constructions Pty Ltd and its employees for the specified period.

Rodri Civil Constructions 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