Ron Bateman Pty Ltd Summary

[2023] FWCA 965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ron Bateman Pty Ltd

(AG2023/665)

RON BATEMAN PTY LTD ENTERPRISE AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 3 APRIL 2023

Application for approval of the Ron Bateman Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Ron Bateman Pty Ltd Enterprise Agreement 2022 (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 Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights issued to the employees included the Employer’s letterhead and was therefore not in the prescribed form as required by s.174 of the Act. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

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. The undertakings are taken to be a term of the agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2023. The nominal expiry date of the Agreement is 2 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case are Ron Bateman Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the union representing the employees. The dispute pertains to the approval of the Ron Bateman Pty Ltd Enterprise Agreement 2022. The case was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in accordance with the mandatory bargaining processes outlined in the Act and if it contained all the necessary provisions as stipulated by the legislation. Additionally, the Commission examined if the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the Enterprise Agreement had been made in compliance with the mandatory bargaining processes, and it contained all the necessary provisions. The agreement was deemed to be in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Furthermore, the Commission confirmed that the agreement complied with the Fair Work (Registered Organisations) Act 2009. Based on these findings, the Commission approved the Ron Bateman Pty Ltd Enterprise Agreement 2022.

The Fair Work Commission approved the Ron Bateman Pty Ltd Enterprise Agreement 2022, effective from 1 July 2022. The agreement, which was made between the employer and the union, now governs the terms and conditions of employment for the employees covered by the agreement. This decision ensures that the parties have a legally binding agreement that meets the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

Ron Bateman Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established