DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ronnie’s Demolition Pty Ltd
(AG2017/1414)

RONNIE’S DEMOLITION PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 JUNE 2017

Application for approval of the Ronnie’s Demolition Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Ronnie’s Demolition 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 Ronnie’s Demolition 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 13 June 2017 and, in accordance with s.54, will operate from 20 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Ronnie’s Demolition Pty Ltd, a demolition company, and the Building and Construction Trades Union of Australia (BCTUA). The union applied for the approval of the Enterprise Agreement between the company and the union for the period 2017-2021. The Fair Work Commission was the court tasked with deciding whether to approve the agreement. The legal issues at hand centred on whether the Enterprise Agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The union argued that the agreement was fair and reasonable, while the company contended that it was not beneficial for the employees and the business.

The Fair Work Commission examined the agreement's provisions, considering factors such as the bargaining power of the parties, the nature of the industry, and the overall fairness of the terms. The court found that the agreement was fair and reasonable and that it was in the best interests of the employees. The commission approved the Enterprise Agreement, emphasising the importance of fair work practices and the need for agreements that benefit both employers and employees.

The Fair Work Commission approved the Enterprise Agreement between Ronnie’s Demolition Pty Ltd and the Building and Construction Trades Union of Australia for the period 2017-2021. The court determined that the agreement was fair and reasonable and in the best interests of the employees, taking into account the bargaining power of the parties, the nature of the industry, and the overall fairness of the terms. The approval of the agreement ensures that the employees will receive fair wages and working conditions while also allowing the company to operate effectively. The decision reinforces the importance of fair work practices and the need for agreements that benefit both employers and employees.

Ronnie’s Demolition 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