Ron Bateman Pty Limited

[2013] FWCA 7184

FAIR WORK COMMISSION

DECISION

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

Ron Bateman Pty Limited
(AG2013/7863)

RON BATEMAN PTY LTD ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Ron Bateman Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ron Bateman Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ron Bateman Electrical Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 5 September 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, Ron Bateman Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 September 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Ron Bateman Pty Limited involved an application for the approval of the Ron Bateman Pty Ltd Enterprise Agreement 2013. The applicant, Ron Bateman Pty Limited, sought to have the agreement, which was negotiated between the employer and its employees, formally approved under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary criteria for approval, including whether it provided for terms and conditions of employment that were fair and portable.

The legal issues before the court were whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court had to determine whether the agreement provided for fair and portable terms and conditions of employment, whether it complied with the procedural requirements for negotiation and agreement, and whether it adhered to the provisions of the Fair Work Act that ensure the agreement was not adversely affecting the employees’ rights.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the agreement met the criteria for approval. The Commission found that the agreement provided for terms and conditions that were fair and portable and complied with all necessary procedural requirements. Furthermore, the Commission was satisfied that the agreement did not adversely affect the employees’ rights, and therefore, it could be approved under the Fair Work Act. The application was thus granted, and the Ron Bateman Pty Ltd Enterprise Agreement 2013 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established