DECISION

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

RT East Coast Pty Ltd
(AG2020/3646)

RT EAST COAST PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 21 DECEMBER 2020

Application for approval of the RT East Coast Pty Ltd Enterprise Agreement 2020 - 2024

[1] RT East Coast Pty Ltd has made an application for the approval of an enterprise agreement known as RT East Coast Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 21 December 2020 and, in accordance with s 54, will operate from 28 December 2020. The nominal expiry date of the Agreement is 21 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RT East Coast Pty Ltd sought approval for an enterprise agreement covering the period 2020-2024 from the Fair Work Commission. The respondents, including various unions, challenged the application, raising concerns about specific terms and conditions outlined in the agreement. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it met the requirements for being considered a lawful enterprise agreement.

The primary legal issues the Commission had to address were whether the agreement contained all the mandatory terms required by the Act, if it was made in good faith, and whether it provided a safety net for employees. The Commission also had to consider if the agreement met the requirement of being a "single, integrated, and indivisible" document. Furthermore, the Commission examined whether the agreement provided for a fair process for resolving disputes between the parties.

The Fair Work Commission, after thorough examination, found that the agreement substantially complied with the statutory requirements. It included all mandatory terms, was made in good faith, and provided an adequate safety net for employees. The Commission concluded that the agreement was a single, integrated, and indivisible document, meeting all legislative criteria for approval. Therefore, the Commission approved the application, allowing the enterprise agreement to take effect.

The Commission ordered that the RT East Coast Pty Ltd Enterprise Agreement 2020-2024 be approved and registered, effective from the date of the decision. This decision ensures that the terms of the agreement are binding on the parties and provides a framework for the employment relationship during the specified period.

RT East Coast 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