DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rondo Building Services Pty Ltd
(AG2016/4828)

RONDO BUILDING SERVICES PTY LTD NSW SITE ELEVENTH ENTERPRISE BARGAINING AGREEMENT

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Rondo Building Services Pty Ltd NSW Site Eleventh 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 Eleventh 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 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 Applicant made a request that the contents of Schedule A and Schedule B be kept confidential. Having considered the contents of Schedule A and Schedule B, I am satisfied that the agreement passes the better off overall test. The contest of Schedule A and Schedule B have been redacted from the Agreement.

[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 12 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Rondo Building Services Pty Ltd, who sought approval for their NSW Site Eleventh Enterprise Bargaining Agreement. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was in the best interests of the employees and if it complied with the provisions of the Fair Work Act. This included assessing whether the agreement provided for appropriate terms and conditions, including minimum rates of pay, penalty rates, and leave entitlements, and whether it facilitated the efficient operation of the enterprise.

In reaching its decision, the Commission carefully considered the submissions from both parties and the broader context of the enterprise bargaining process. The Commission noted the importance of balancing the interests of employees with the need for businesses to operate efficiently. After thorough consideration, the Commission found that the agreement was in the best interests of the employees and met the necessary standards under the Fair Work Act. The Commission approved the agreement, thereby allowing it to come into effect as a registered enterprise agreement.

No specific orders were made beyond the approval of the agreement, as the primary purpose of the application was to seek approval for the terms of the agreement rather than to enforce specific provisions.

Rondo Building Services 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