DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPR Trades Pty Ltd
(AG2015/6177)

RPR TRADES PTY LTD EMPLOYEE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 DECEMBER 2015

Application for approval of the RPR Trades Pty Ltd Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RPR Trades Pty Ltd Employee Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPR Trades 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 7 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by RPR Trades Pty Ltd for the approval of the RPR Trades Pty Ltd Employee Agreement 2015. The dispute centred around whether the agreement complied with the Fair Work Act 2009, specifically concerning the terms and conditions of employment, including pay rates, hours of work, and other provisions that were deemed essential to ensure fair and reasonable terms of employment.

The primary legal issue was whether the terms of the agreement adhered to the requirements set forth by the Fair Work Act 2009, and whether they provided for fair and reasonable terms of employment. The Commission had to consider whether the agreement was consistent with the principles of procedural fairness and whether it met the statutory requirements for approval, including provisions for employee protection and compliance with minimum wage standards.

The Fair Work Commission found that the agreement contained terms that were not in accordance with the Fair Work Act 2009. Specifically, the Commission noted discrepancies in the pay rates and hours of work stipulated in the agreement, which did not align with the minimum standards prescribed by the Fair Work Act. The Commission also highlighted issues with the procedural fairness of the agreement, as it appeared to lack adequate consultation with the employees before the terms were finalised. Consequently, the application for approval was rejected.

In light of the above findings, the Fair Work Commission determined that the RPR Trades Pty Ltd Employee Agreement 2015 did not meet the necessary standards for approval under the Fair Work Act 2009. The Commission emphasised the importance of ensuring that all agreements provide for fair and reasonable terms of employment and that they are consistent with the principles of procedural fairness and compliance with statutory requirements.

RPR Trades 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