DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rutledge Engineering (Aust) Pty Limited
(AG2019/2533)

RUTLEDGE ENGINEERING (AUST) PTY LTD ACT SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 7 AUGUST 2019

Application for approval of the Rutledge Engineering (Aust) Pty Ltd ACT Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Rutledge Engineering (Aust) Pty Limited (the applicant) for the approval of an enterprise agreement known as the Rutledge Engineering (Aust) Pty Ltd ACT Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

● Overtime provision for part-time employees;

● Casual minimum engagement; and

● Casual conversion.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] Subject to the undertakings referred to above, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2019. The nominal expiry date of the Agreement is 7 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Rutledge Engineering (Aust) Pty Limited, sought approval of the Rutledge Engineering (Aust) Pty Ltd ACT Single Enterprise Agreement 2018. The applicant's employees were represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in the dispute before the Fair Work Commission. The Commission was required to determine if the agreement provided for a safety net of minimum wages and conditions, if it was procedurally sound, and if it was in the best interests of the employees.

The central legal issues for the Commission were whether the agreement provided for a safety net of minimum wages and conditions, and if it was procedurally sound. The applicant argued that the agreement provided for a safety net and was procedurally sound, while the CFMEU submitted that the agreement did not provide for a safety net and was not procedurally sound. The Commission examined the agreement to determine if it met the requirements of the Fair Work Act 2009. The Commission found that the agreement did provide for a safety net of minimum wages and conditions and was procedurally sound.

Having found that the agreement met the requirements of the Fair Work Act, the Commission was required to determine if it was in the best interests of the employees. The Commission found that the agreement was in the best interests of the employees, and approved the agreement. The applicant's application was therefore successful.

Rutledge Engineering (Aust) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established