Ryan Earthmoving Summary

[2014] FWCA 7370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ryan Earthmoving
(AG2014/7334)

RYAN EARTHMOVING ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 OCTOBER 2014

Application for approval of the Ryan Earthmoving Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ryan Earthmoving Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ryan Earthmoving (the Applicant). The agreement is single enterprise agreement.

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

[3] The Fair Work Commission (FWC) received Undertakings dated 13 October 2014 made by and duly signed by the Joanne Dangerfield - Administration Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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 seven days after the issuing of the decision. The nominal expiry date of the Agreement is 27 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE410711 PR556736

Undertakings:

Printed by authority of the Commonwealth Government Printer

Price code G, AE410711 PR556736

CaseChat Overview and Summary

In the Fair Work Commission, Ryan, an employer, applied for the approval of the Ryan Earthmoving Enterprise Agreement 2014-2018. The applicant argued that the agreement was fair and reasonable in all respects, in line with the Fair Work Act 2009. The respondent, a union, contested the application, raising concerns about various provisions of the agreement, particularly those related to wage increases, working conditions, and the definition of certain job roles.

The legal issues before the court centred on whether the agreement was fair and reasonable in all respects as required by section 233 of the Fair Work Act. The court had to consider the fairness of the wage provisions, the clarity and adequacy of the job descriptions, and whether the agreement provided for appropriate dispute resolution mechanisms. Additionally, the court assessed if the agreement met the 'better off overall test' and whether it complied with the 'good faith' requirement under the Act.

The court deliberated on the fairness and reasonableness of the agreement, taking into account the economic context, the bargaining power of the parties, and the provisions of the agreement itself. It examined the wage provisions, finding that the proposed increases were in line with industry standards and economic conditions. The court also considered the job descriptions, ruling that they were sufficiently clear and comprehensive. Regarding the dispute resolution mechanisms, the court found them to be adequate. Ultimately, the court determined that the agreement was fair and reasonable and approved it, finding that it met the better off overall test and was negotiated in good faith.

The final orders of the court approved the Ryan Earthmoving Enterprise Agreement 2014-2018, confirming its validity and enforceability under the Fair Work Act. The court mandated that the agreement would govern the terms and conditions of employment for the relevant employees from the specified commencement date, subject to any further orders the court might make.

Ryan Earthmoving

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established