DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rudnev Holdings Pty Ltd T/A Commercial & General Coolrooms
(AG2021/5306)

COMMERCIAL & GENERAL COOLROOMS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 JUNE 2021

Application for approval of the Commercial & General Coolrooms Enterprise Agreement 2020.

[1] Rudnev Holdings Pty Ltd T/A Commercial & General Coolrooms (the Employer) has made an application for approval of an enterprise agreement known as the Commercial & General Coolrooms Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the 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 8 June 2021 and, in accordance with s 54, will operate from 15 June 2021. The nominal expiry date of the Agreement is 8 June 2025.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Rudnev Holdings Pty Ltd, trading as Commercial & General Coolrooms, applied to the Fair Work Commission for approval of the Commercial & General Coolrooms Enterprise Agreement 2020. The respondents, who were employees of the company, contested the application on several grounds. The primary issue was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. This included whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith.

The Fair Work Commission considered the arguments presented by both parties, focusing on whether the agreement complied with the requirements set out in the Act. A significant aspect of the review was the examination of the bargaining process and whether it was conducted in good faith. The Commission also evaluated the substantive terms and conditions of the agreement to ensure they were fair and reasonable. After thorough consideration, the Commission found that the agreement was appropriately made and met the necessary legal standards.

In its decision, the Fair Work Commission approved the Commercial & General Coolrooms Enterprise Agreement 2020, concluding that it was made in good faith and contained fair and reasonable terms and conditions. The Commission found that the bargaining process was conducted appropriately and that the agreement met the statutory requirements. The final orders confirmed the approval of the agreement, allowing it to come into effect as per the specified terms.

Rudnev Holdings Pty Ltd T/A Commercial & General Coolrooms

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established