Ryde Joinery Pty Ltd

[2024] FWCA 2579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Ryde Joinery Pty Ltd

(AG2024/2347)

RYDE JOINERY PTY LTD ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 16 JULY 2024

Application for approval of the Ryde Joinery Pty Ltd Enterprise Agreement 2024 - 2028

An application has been made for approval of an enterprise agreement known as the Ryde Joinery Pty Ltd Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ryde Joinery Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice that it does not wish to be covered by the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2024. The nominal expiry date of the Agreement is 4 years after the date of approval being 16 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ryde Joinery Pty Ltd, applied to the Fair Work Commission for approval of the Enterprise Agreement 2024-2028. The application was brought before the Commission in response to a dispute between the applicant and its employees regarding the terms and conditions of their employment. The Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements for approval under the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, whether it was certified by an independent certifier, and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to assess whether the agreement provided for adequate employee representation and if it met the standards of procedural fairness.

After reviewing the evidence and submissions presented by both parties, the Commission found that the proposed agreement satisfied the necessary criteria for approval. The Commission noted that the agreement was made in good faith, had been independently certified, and included all the required minimum terms and conditions. Furthermore, the Commission was satisfied that the agreement provided for adequate employee representation and that the process leading to its formation was procedurally fair. Consequently, the Commission approved the Enterprise Agreement 2024-2028.

The Fair Work Commission hereby approves the Enterprise Agreement 2024-2028 entered into between Ryde Joinery Pty Ltd and its employees, effective from 1 July 2024. The agreement is to be registered with the Commission and will govern the terms and conditions of employment for the specified period until 30 June 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established