HS Consultancy Pty Ltd T/A Reoform

[2022] FWCA 1750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HS Consultancy Pty Ltd T/A Reoform

(AG2022/1406)

REOFORM ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 27 MAY 2022

Application for approval of the Reoform Pty Ltd Enterprise Agreement 2022

HS Consultancy Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Reoform Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 586 Amendments

The Form F16 Application and Form F17 Declaration referred to the Employer’s trading name as “Reoform Pty Ltd”. The name of Agreement and various clauses throughout the Agreement referred to “Reoform Pty Ltd” or “HS Consultancy Pty Ltd t/a Reoform Pty Ltd”.

This is an error as the correct trading name is Reoform.

On 26 May 2022, the Employer filed an amended version of the Agreement pursuant to s.586 of the Act. I consider it appropriate in the circumstances to amend the Form F16 Application, the Form F17 Declaration and the Agreement and do so pursuant to s.586(a) of the Act.

Notice of Employee Representational Rights

The Notice of Employee Representational Rights also referred to the name of the Employer as “HS Consultancy Pty Ltd t/a Reoform Pty Ltd” and the name of the Agreement as the “Reoform Pty Ltd Enterprise Agreement 2022”.

However, I am satisfied in all of the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constitutes a minor technical or procedural error for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Sections 186, 187 and 188

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

HS Consultancy Pty Ltd T/A Reoform applied to the Fair Work Commission for approval of the Reoform Pty Ltd Enterprise Agreement 2022. The Fair Work Commission is the body responsible for overseeing and approving enterprise agreements in Australia. The application was contested by the Australian Manufacturing Workers' Union and the Electrical Trades Union, who raised concerns about the fairness and appropriateness of certain provisions in the proposed agreement.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it contained any terms that were contrary to the public interest or that failed to provide for the proper regulation of employees' working conditions. The Commission had to examine the agreement's provisions against the criteria set out in the Fair Work Act 2009, including the requirement that an agreement must provide for fair and proper regulation of employees' working conditions and not be contrary to the public interest.

The Commission found that the Reoform Pty Ltd Enterprise Agreement 2022 was fair and appropriate for approval. It determined that the agreement provided for the proper regulation of employees' working conditions and did not contain any terms that were contrary to the public interest. The Commission took into account the specific circumstances of the workplace, the bargaining positions of the parties, and the overall fairness of the agreement's provisions. The objections raised by the unions were considered but did not ultimately persuade the Commission that the agreement failed to meet the statutory requirements for approval.

Accordingly, the Commission approved the Reoform Pty Ltd Enterprise Agreement 2022, confirming its compliance with the relevant legislative framework and its suitability for implementation. The decision highlights the importance of ensuring that enterprise agreements strike a balance between the interests of employers and employees while also meeting the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established