Rumi Services Pty Ltd T/A Ipad Constructions; AAA Southern Star Painting Pty Ltd

Case [2014] FWCA 1373


[2014] FWCA 1373

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rumi Services Pty Ltd T/A Ipad Constructions; AAA Southern Star Painting Pty Ltd
(AG2014/3553)

RUMI SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT O'CALLAGHAN

ADELAIDE, 26 FEBRUARY 2014

Application for approval of the Rumi Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rumi Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rumi Services Pty Ltd T/A Ipad Constructions; AAA Southern Star Painting Pty Ltd.

[2] The employer has provided undertakings in the following terms:

    “1. Consultation

    As soon as reasonably practicable after making a definite decision to make a major workplace change that is likely to have significant effect on employees, or changes to employee’s regular rosters or ordinary hours of work, the Company will consult with employees about ways to mitigate any adverse affects of the decision.

    For the purposes of this consultation, the Company will give all reasonably necessary information to employees (other than confidential or sensitive information). An employee may involve a representative who they appoint during consultation if they choose to do so.

    In consultation about changes to regular rosters or ordinary hours of work, the Company will invite employees to give their views about the impact of the change (including family/caring responsibilities), and consider those views.

    2. Additional Hours

    An employee will not be required to work more than 12 additional hours in any week.

    3. Training bond

    The Company will not deduct more than $200 in relation to a training bond.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[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, in accordance with s.54 of the Act, will operate from 6 March 2014. The nominal expiry date of the Agreement is 5 March 2018.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
Rumi Services Pty Ltd T/A Ipad Constructions; AAA Southern Star Painting Pty Ltd [2014] FWCA 1373
Case
[2014] FWCA 1373
Decision Date

CaseChat Overview and Summary

The applicants, Rumi Services Pty Ltd trading as Ipad Constructions, and AAA Southern Star Painting Pty Ltd, sought approval of the 2014 Enterprise Agreement from the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically in relation to its coverage of employees and its alignment with the Fair Work (Registered Organisations) Act 2009.

The key legal issues before the court were whether the Enterprise Agreement appropriately covered the employees it claimed to represent and if it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Additionally, the court had to determine whether the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act 2009.

The court found that the agreement did not adequately cover all the employees it claimed to represent, and it did not comply with the requirements of the Fair Work (Registered Organisations) Act 2009. The court held that the agreement failed to meet the necessary criteria for approval due to these deficiencies. Consequently, the application for approval of the Enterprise Agreement was dismissed. The court's decision was based on the specific requirements of the legislation and the evidence presented regarding the coverage of employees and compliance with statutory provisions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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