DECISION

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

Ron Southon Pty Ltd
(AG2021/6796)

RON SOUTHON PTY LTD ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 SEPTEMBER 2021

Application for approval of the Ron Southon Pty Ltd Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Ron Southon Pty Ltd Enterprise Agreement 2021 - 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 15 September 2021. The nominal expiry date of the Agreement is 8 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The application for approval of the Ron Southon Pty Ltd Enterprise Agreement 2021-2025 was heard before the Fair Work Commission. The applicant, Ron Southon Pty Ltd, sought the Commission’s approval of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for its employees. The respondents, represented by the Transport Workers Union, contested the application, arguing that the proposed agreement failed to meet certain legal standards.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a "bargained" agreement, as defined by the Act, and whether it contained all the required provisions. Furthermore, the Commission had to assess whether the agreement met the "better-off, overall test" and did not disadvantage any employees.

The Commission carefully reviewed the evidence and submissions presented by both parties. It found that the agreement was indeed a genuine product of bargaining between the parties and contained all necessary provisions as required by the Act. Additionally, the Commission concluded that the agreement satisfied the better-off, overall test, and did not place any employees at a disadvantage. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Ron Southon Pty Ltd Enterprise Agreement 2021-2025 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission’s decision and would regulate the terms and conditions of employment for the employees of Ron Southon Pty Ltd for the specified period.

Ron Southon 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