Ryder Shop and Office Fitting Pty. Limited Summary

[2023] FWCA 1891

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ryder Shop and Office Fitting Pty. Limited

(AG2023/1494)

RYDER SHOP & OFFICE FITTING PTY LTD ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 28 JUNE 2023

Application for approval of the Ryder Shop & Office Fitting Pty Ltd Enterprise Agreement 2023-2027.

Ryder Shop and Office Fitting Pty. Limited has applied for approval of a single enterprise agreement known as the Ryder Shop & Office Fitting Pty Ltd Enterprise Agreement 2023-2027 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 5 July 2023. The nominal expiry date of the Agreement is 28 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ryder Shop and Office Fitting Pty Limited for the approval of their proposed Enterprise Agreement 2023-2027. The application was brought in response to a request from the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The nature of the dispute revolved around the terms and conditions outlined in the proposed agreement, including wages, hours of work, leave provisions, and other employment-related matters.

The legal issues before the Commission required it to determine whether the proposed Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the requirements of genuine bargaining and procedural fairness. The Commission was also required to assess whether the agreement met the minimum safety net entitlements and whether it provided for the protection of employees' rights.

In considering these issues, the Commission evaluated the submissions made by both parties and examined the contents of the proposed agreement in detail. The Commission found that the proposed Enterprise Agreement was fair and reasonable, providing for appropriate terms and conditions that reflected the parties' bargaining positions. The agreement was deemed to meet the minimum safety net entitlements, and the Commission was satisfied that the bargaining process was conducted in a manner that was procedurally fair. As such, the Commission approved the proposed Enterprise Agreement, recognising it as a valid and binding agreement between the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement 2023-2027 proposed by Ryder Shop and Office Fitting Pty Limited, effective from the date of the decision. The approved agreement will govern the employment terms and conditions of the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union for the duration of the agreement.

Ryder Shop and Office Fitting Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established