[2016] FWCA 6773 [Note: An appeal pursuant to s.604 (C2016/6006) was lodged against this decision.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Southon Pty Ltd
(AG2016/3985)

RON SOUTHON PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	HOBART, 20 SEPTEMBER 2016

Application for approval of the Ron Southon Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ron Southon Pty Ltd Enterprise Agreement 2016 - 2020 (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 20 September 2016 and, in accordance with s.54, will operate from 27 September 2016. The nominal expiry date of the Agreement is 20 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Ron Southon Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the application for the approval of the Enterprise Agreement 2016 - 2020. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement complied with the procedural requirements and substantive provisions outlined in the Act.

The primary legal issues revolved around the procedural fairness of the agreement's negotiation process and whether it satisfied the mandatory requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it adhered to the prescribed bargaining processes, and if it included the necessary minimum terms and conditions as stipulated by the Act. The fairness of the agreement's terms and the extent to which it met the legislative criteria were also central to the decision.

In deliberating on the application, the Commission evaluated the evidence presented on the negotiation process and the contents of the agreement. It considered the parties' submissions and any relevant procedural or substantive objections raised. The Commission found that the agreement was negotiated in good faith and adhered to the prescribed bargaining processes. It also determined that the agreement complied with the mandatory minimum terms and conditions. Consequently, the Commission approved the Enterprise Agreement 2016 - 2020, confirming its compliance with the statutory requirements.

The Fair Work Commission's final order was the approval of the Enterprise Agreement 2016 - 2020, effective from the date of the decision. The agreement was deemed to meet all necessary legislative criteria, including procedural fairness and substantive provisions. This decision concluded the application process and provided clarity on the terms of the agreement moving forward.

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