Workplace Solutions

[2022] FWCA 1958

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workplace Solutions

(AG2022/1777)

RTMWF Pty Ltd Enterprise Agreement 2022-26

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 16 JUNE 2022

Application for approval of the RTMWF Pty Ltd Enterprise Agreement 2022-26

An application has been made for approval of an enterprise agreement known as the RTMWF Pty Ltd Enterprise Agreement 2022-26 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workplace Solutions. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 June 2022. The nominal expiry date of the Agreement is 15 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Workplace Solutions Pty Ltd sought approval of an enterprise agreement for its employees under the provisions of the Fair Work Act 2009. The applicant, RTMWF Pty Ltd, argued that the proposed agreement met the necessary criteria for approval, while the respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on various grounds.

The primary legal issues the Commission had to address were whether the agreement provided for the terms and conditions of employment for the relevant employees in a manner that was fair and appropriate, and if the agreement had been made in accordance with the procedural requirements outlined in the Act. Specifically, the Commission examined whether the agreement had been made free from any improper influence or coercion and whether the necessary consultation had occurred prior to the making of the agreement.

In determining the application, the Commission considered the evidence presented by both parties, including submissions on the fairness and appropriateness of the agreement's terms and the process by which it was negotiated. The Commission found that the agreement provided for fair and appropriate terms and conditions of employment, and that it had been made in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement had been negotiated in good faith and that the necessary consultation had occurred prior to the making of the agreement. Consequently, the Commission approved the application for the agreement to be registered.

The Fair Work Commission orders that the RTMWF Pty Ltd Enterprise Agreement 2022-26 be approved and registered as a registered agreement under the Fair Work Act 2009, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established