DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rondo Building Services Pty Limited T/A Rondo Building Services Pty Limited
(AG2019/3724)

RONDO BUILDING SERVICES PTY LTD NSW SITE TWELFTH ENTERPRISE BARGAINING AGREEMENT

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Rondo Building Services Pty Ltd NSW Site Twelfth Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rondo Building Services Pty Ltd NSW Site Twelfth Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rondo Building Services Pty Limited T/A Rondo Building Services Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[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] Clause 8.1 of the Agreement and the undertaking provided by the Applicant at Annexure A of this decision clearly incorporate by reference, the ‘Rondo Building Services Pty Ltd EVA Employees Wages Policy’ (the wages policy) and is therefore an enforceable term of the Agreement. The wages policy is publicly available on the Commission’s file should anyone, including an employee, request access to it.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Rondo Building Services Pty Limited, trading as Rondo Building Services Pty Limited, and the applicant, which sought approval for the NSW Site Twelfth Enterprise Bargaining Agreement. The application was heard in the Fair Work Commission. The primary dispute centred on the terms and conditions of the proposed enterprise bargaining agreement, specifically the classification of employees and associated pay rates.

The legal issues before the Commission included whether the proposed classification of employees and pay rates were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the proposed agreement was fair and reasonable, while the respondent raised concerns about the classification of employees and the associated pay rates.

The Commission examined the evidence provided by both parties and considered the principles of fairness and reasonableness as outlined in the Fair Work Act. The Commission found that the proposed agreement was fair and reasonable, and that the classification of employees and pay rates were consistent with industry standards. The Commission approved the proposed enterprise bargaining agreement, subject to certain conditions.

The final orders of the Commission included the approval of the NSW Site Twelfth Enterprise Bargaining Agreement, with conditions attached to ensure compliance with the Fair Work Act. The respondent was directed to provide the applicant with a copy of the approved agreement, and both parties were required to take steps to give effect to the agreement.

Rondo Building Services Pty Limited T/A Rondo Building Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established