DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RTL Mining and Earthworks Pty Ltd T/A RTL Transport
(AG2016/7219)

RTL ROAD TRANSPORT ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the RTL Road Transport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RTL Road Transport Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RTL Mining and Earthworks Pty Ltd T/A RTL Transport. The Agreement is a single enterprise agreement.

[2] 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. 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 9 January 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the case of RTL Mining and Earthworks Pty Ltd T/A RTL Transport, the dispute involved an application for the approval of the RTL Road Transport Enterprise Agreement 2016. The matter was heard by the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements. The primary issue the Commission was required to decide was whether the agreement in question was fair and reasonable, in compliance with the Fair Work Act 2009. This involved assessing the agreement against various statutory criteria, including whether it provided for the appropriate classification of employees, adequate wages and conditions, and whether it had been genuinely negotiated between the employer and the employees' representatives.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It considered the extent to which the agreement covered all employees within the scope of the enterprise, whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement had been appropriately certified by the relevant independent certifier. The Commission also assessed whether the agreement addressed key issues such as wages, hours of work, leave entitlements, and other employment conditions in a fair and balanced manner. The negotiation process was scrutinized to ensure that it was conducted in good faith and that the agreement reflected the genuine terms agreed upon by the parties.

Upon reviewing the evidence and submissions from both parties, the Commission determined that the RTL Road Transport Enterprise Agreement 2016 met the necessary statutory criteria for approval. The agreement was found to be fair and reasonable, providing appropriate terms and conditions for employees, and was certified by the relevant independent certifier. The Commission concluded that the agreement had been genuinely negotiated and that it adequately covered all employees within the enterprise. Consequently, the Commission approved the agreement, allowing it to come into effect as per the terms specified.

The Fair Work Commission's final orders included the approval of the RTL Road Transport Enterprise Agreement 2016, which would now govern the employment terms and conditions of the employees within the enterprise. The agreement was to be implemented and enforced in accordance with the Fair Work Act 2009, providing a legally binding framework for the employer and employees to follow.

RTL Mining and Earthworks Pty Ltd T/A RTL Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established