RSM Australia Pty Ltd Summary

[2014] FWCA 3192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RSM Australia Pty Ltd
(AG2014/3768)

RSM AUSTRALIA (SECURITY OFFICERS) ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 16 MAY 2014

Application for approval of the RSM Australia (Security Officers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RSM Australia (Security Officers) Enterprise Agreement 2014 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by RSM Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] On reviewing the application clarification was sought from the Applicant about the date of lodging the Agreement and the intended term. The Agreement was formally lodged one day after the 14 day period provided for in the Act. However, s.185(3)(b) allows the Commission to extend the date for lodging if it considers it appropriate to do so. The Applicant’s representative has advised the delay was due to a technical error, and the intention had always been to lodge within the requisite period. I am prepared to allow additional time to lodge the application in these circumstances.

[3] Sub clause 2.2 of the Agreement currently states that the expiry date is “after 2 years on 29 February 2016.” The Applicant’s representative advised it was intended that the expiry date be two years from the date of approval by the Commission. An undertaking confirming this intention has been provided by a director of the Applicant company, on company letterhead. That undertaking, attached to this decision, is accepted and will form part of the Agreement.

[4] I am otherwise satisfied that each of the remaining requirements of ss.186, 187, 188 and s.190 of the Act, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is the 22 May 2016.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RSM Australia Pty Ltd was involved in a dispute concerning the approval of the RSM Australia (Security Officers) Enterprise Agreement 2014. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the Agreement provided for minimum terms and conditions, and if it was free from any provisions that would be considered contrary to the public interest.

The Commission examined the provisions of the Agreement to ensure they complied with the legislative standards. The security officers' enterprise agreement included provisions regarding pay rates, penalty rates, leave entitlements, and other employment conditions. The Commission considered whether these terms were fair and reasonable and if they met the minimum standards set out in the Fair Work Act. Additionally, the Commission had to assess if the Agreement contained any provisions that could potentially harm the public interest.

After reviewing the Agreement, the Fair Work Commission found that it met the necessary requirements for approval. The Commission concluded that the Agreement provided for fair and reasonable minimum terms and conditions of employment, and did not include any provisions that would be contrary to the public interest. Consequently, the Commission approved the RSM Australia (Security Officers) Enterprise Agreement 2014.

RSM Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established