Rubylake Holdings Pty Ltd T/A J & K Hopkins

[2014] FWCA 3796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rubylake Holdings Pty Ltd T/A J & K Hopkins
(AG2014/6151)

J & K HOPKINS ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 6 JUNE 2014

Application for approval of the J & K Hopkins Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the J & K Hopkins Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rubylake Holdings Pty Ltd T/A J & K Hopkins. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2014. The nominal expiry date of the Agreement is 5 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by the Fair Work Commission for approval of the J & K Hopkins Enterprise Agreement 2014, the respondents, Rubylake Holdings Pty Ltd trading as J & K Hopkins, opposed the application on the basis that it contained terms that were not fairly and reasonably negotiated. The dispute was heard in the Fair Work Commission. The key legal issue before the Commission was whether the enterprise agreement contained terms that were fairly and reasonably negotiated, taking into account the requirements set out in section 228 of the Fair Work Act 2009.

The Commission examined the process through which the agreement was negotiated and the extent to which the parties engaged in good faith bargaining. It also considered whether the terms of the agreement were consistent with relevant industrial awards and whether they provided for fair and reasonable terms and conditions of employment. After reviewing the evidence and submissions from both parties, the Commission found that the agreement was fairly and reasonably negotiated. The Commission noted that the parties had engaged in a genuine and meaningful bargaining process, and that the terms of the agreement were consistent with relevant industrial awards and provided for fair and reasonable terms and conditions of employment.

Consequently, the Commission approved the enterprise agreement, finding that it met the requirements of section 228 of the Fair Work Act 2009. The Commission's decision was based on the evidence before it and its assessment of the bargaining process and the terms of the agreement. The final orders of the Commission were that the J & K Hopkins Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established