DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RST Tiling Pty Ltd
(AG2015/669)

RST TILING PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
COMMISSIONER SIMPSON	BRISBANE, 7 APRIL 2015

Application for approval of the RST Tiling Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) was made on 24 March 2015 by RST Tiling Pty Ltd for the approval of a Greenfields agreement known as the RST Tiling Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement).

[2] Statutory declarations were provided by:

● Mr Paul Willavoys of RST Tiling Pty Ltd;

● Mr S McDine, National Secretary of The Australian Workers’ Union (AWU);

● Mr J Ingham, Divisional Branch Assistant Secretary of the Construction, Forestry, Mining and Energy Union (the CFMEU);

Mr P Ong, Deputy Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU); and

● Mr R Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the AMWU).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU, CFMEU, CEPU and the AMWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

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

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RST Tiling Pty Ltd applied to the Fair Work Commission for approval of the RST Tiling Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The applicant sought to have the agreement approved under the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and the business.

The legal issues before the Commission were whether the agreement was a simple, genuine and fair agreement, whether it was in the best interests of the employees, and whether the agreement complied with the requirements of the Fair Work Act. The Commission considered the evidence and submissions from both the applicant and the respondent. The Commission found that the agreement was simple, genuine and fair, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the requirements of the Fair Work Act.

The Commission approved the RST Tiling Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was in the best interests of the business and the employees. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms, and that it complied with the requirements of the Fair Work Act. The Commission made an order approving the agreement.

RST Tiling 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