DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Southon Pty Ltd
(AG2017/1529)

RON SOUTHON PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 6 JUNE 2017

Application for approval of the Ron Southon Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Ron Southon Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ron Southon Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement was approved on 6 June 2017 and, in accordance with s.54, will operate from 13 June 2017. The nominal expiry date of the Agreement is 6 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ron Southon Pty Ltd, the applicant, and the Transport Workers Union of Australia, the respondent. The applicant sought approval of an enterprise agreement, the Ron Southon Pty Ltd Enterprise Agreement 2017-2021. The dispute centred around the union's objections to certain terms of the agreement, which they claimed were not fairly and reasonably negotiated or failed to meet the minimum entitlements under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the relevant legislation.

The central legal issues for the Commission to address were whether the enterprise agreement had been fairly and reasonably negotiated and if it provided for minimum entitlements in accordance with the Act. The union argued that certain provisions of the agreement, particularly those relating to pay rates and conditions, were not fairly negotiated and did not meet the statutory minimum entitlements. The Commission had to examine the evidence provided by both parties and apply the relevant legal tests to determine the validity of the agreement.

The Commission carefully reviewed the evidence presented and found that the agreement had been fairly and reasonably negotiated. The union's concerns about the pay rates and conditions were addressed through the Commission's analysis of the bargaining process and the terms of the agreement. The Commission also confirmed that the agreement met the statutory minimum entitlements required under the Act. Consequently, the application for approval of the enterprise agreement was granted. The Fair Work Commission's decision was based on a thorough examination of the evidence and a balanced consideration of the legal requirements for approving such agreements.

The final orders of the Commission included the approval of the Ron Southon Pty Ltd Enterprise Agreement 2017-2021, subject to the terms and conditions as set out in the agreement. The Commission's decision was communicated to both parties, and the agreement was registered with the Fair Work Commission, thereby becoming a legally binding enterprise agreement between Ron Southon Pty Ltd and the Transport Workers Union of Australia.

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