Rondo Building Services Pty Ltd Summary

[2013] FWCA 7322

FAIR WORK COMMISSION

DECISION

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

Rondo Building Services Pty Ltd
(AG2013/9358)

RONDO BUILDING SERVICES PTY LTD NSW SITE TENTH ENTERPRISE BARGAINING AGREEMENT

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Rondo Building Services Pty Ltd NSW Site Tenth 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 Tenth Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rondo Building Services Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Bargaining Agreement. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the proposed agreement did not meet the requirements of the Fair Work Act. The matter was heard by the Commission, which was required to determine whether the application should be approved.

The key legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly those relating to the requirements for an enterprise bargaining agreement to be approved. The Commission had to consider whether the agreement was made in good faith, whether it provided for the proper regulation of terms and conditions of employment, and whether it contained any provisions that were contrary to public policy.

The Commission found that the proposed agreement did comply with the requirements of the Fair Work Act. It found that the agreement was made in good faith, provided for the proper regulation of terms and conditions of employment, and did not contain any provisions that were contrary to public policy. The Commission also found that the agreement provided for appropriate protections for employees, including protections against unfair dismissal and provisions for dispute resolution. As a result, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Rondo Building Services Pty Ltd Enterprise Bargaining Agreement to be registered. The CFMEU's objections to the application were rejected, and the agreement was registered as a certified agreement under the Fair Work Act. This decision provides guidance on the requirements for an enterprise bargaining agreement to be approved under the Act, and the types of provisions that are likely to be acceptable to the Commission.

Rondo Building Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established