DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rutledge Engineering (Aust) Pty Limited
(AG2017/5418)

RUTLEDGE ENGINEERING (AUST) PTY LTD QLD SINGLE ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 9 MARCH 2018

Application for approval of the Rutledge Engineering (Aust) Pty Ltd QLD Single Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Rutledge Engineering (Aust) Pty Ltd QLD Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rutledge Engineering (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 9 March 2018 and, in accordance with s.54, will operate from 16 March 2018. The nominal expiry date of the Agreement is 9 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rutledge Engineering (Aust) Pty Limited applied to the Fair Work Commission for approval of a single enterprise agreement for its Queensland operations. The application was brought before Commissioner W.A. Logan. The dispute centred around the terms of the proposed agreement, which aimed to regulate employment conditions for employees in Queensland. Key issues included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it adequately covered essential matters.

The legal issues primarily revolved around the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission had to determine if the agreement complied with the statutory framework, particularly concerning the coverage of essential matters and the procedural fairness in the agreement-making process. The application also required scrutiny to ensure that the agreement did not disadvantage any employee.

Commissioner Logan held that the agreement met all necessary statutory requirements. The Commission was satisfied that the agreement covered essential matters and did not disadvantage any employee. The procedural fairness in the agreement-making process was also found to be adequate. Consequently, the application for approval of the Rutledge Engineering (Aust) Pty Ltd QLD Single Enterprise Agreement 2017 was approved.

The final orders included the approval of the agreement, effective from the date specified within the agreement, and the registration of the agreement with the Fair Work Commission. The decision confirmed the validity of the agreement, allowing it to govern the employment conditions as outlined in the document.

Rutledge Engineering (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established