DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J D Reinforcement Pty Ltd
(AG2017/4595)

J D REINFORCEMENT PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the J D Reinforcement Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the J D Reinforcement Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J D Reinforcement Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2017. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, J D Reinforcement Pty Ltd, sought approval of the J D Reinforcement Pty Ltd Enterprise Agreement 2017 under section 233 of the Fair Work Act 2009. The dispute arose between the employer and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard in the Fair Work Commission.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act, particularly concerning the coverage of the agreement, the process by which it was made, and whether it provided for the protection of employees' rights and entitlements. The court also needed to consider whether the agreement fairly reflected the balance of workplace interests.

The Fair Work Commission found that the Enterprise Agreement complied with the statutory requirements. The agreement was made through a proper negotiation process, and all parties involved were adequately represented. The Commission concluded that the agreement appropriately addressed the interests of both employers and employees, ensuring fair and reasonable terms for all parties. The Commission approved the agreement, stating that it provided adequate protection of employees' rights and did not unduly discriminate against any employee or class of employees.

The Fair Work Commission approved the J D Reinforcement Pty Ltd Enterprise Agreement 2017. The court directed that the agreement be registered and have effect as a registered agreement under the Fair Work Act.

J D Reinforcement Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established