The Rix Group Pty Ltd

Case [2014] FWCA 9059


[2014] FWCA 9059
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

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

The Rix Group Pty Ltd
(AG2014/10025)

THE RIX GROUP PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries

COMMISSIONER RIORDAN

SYDNEY, 15 DECEMBER 2014

Application for approval of The Rix Group Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe The Rix Group Pty Ltd 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 The Rix Group Pty Ltd (the Applicant). The agreement is a 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 December 2018.

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Details
AGLC
The Rix Group Pty Ltd [2014] FWCA 9059
Case
[2014] FWCA 9059
Decision Date

CaseChat Overview and Summary

The Rix Group Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2014-2018. The applicant argued that the agreement was made in good faith and that it was appropriate for the purposes of the Fair Work Act. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the criteria for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it was appropriate for the purposes of the Fair Work Act, and whether the process followed in making the agreement was fair and reasonable. The applicant argued that the agreement had been made in good faith and that the process followed was fair and reasonable. The Commission had to consider whether the applicant had met its burden of proof in establishing these matters.

The Fair Work Commission found that the applicant had met its burden of proof and that the agreement was appropriate for the purposes of the Fair Work Act. The Commission noted that the agreement had been made in good faith and that the process followed in making the agreement was fair and reasonable. The Commission also found that the agreement met the criteria for approval under the Fair Work Act. The Commission approved the Enterprise Agreement 2014-2018 and made an order to that effect.

The Commission ordered that the Enterprise Agreement 2014-2018 be approved and registered under the Fair Work Act. The order was made on the basis that the agreement met the criteria for approval and that it was appropriate for the purposes of the Act. The order was also made on the basis that the agreement had been made in good faith and that the process followed in making the agreement was fair and reasonable.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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