John Raineri & Associates Pty. Limited Summary

[2013] FWCA 5469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Raineri & Associates Pty. Limited
(AG2013/7855)

JOHN RAINERI AND ASSOCIATES CONSULTING ENGINEERS ENTERPRISE AGREEMENT 2013.

Scientific services
COMMISSIONER DEEGAN	CANBERRA, 7 AUGUST 2013

Application for approval of the John Raineri and Associates Consulting Engineers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the John Raineri and Associates Consulting Engineers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by John Raineri & Associates Pty. Limited. 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, as are 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 14 August 2013. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, John Raineri & Associates Pty. Limited, sought approval of the John Raineri and Associates Consulting Engineers Enterprise Agreement 2013. The dispute centred on whether the agreement met the statutory requirements for approval, including fairness and compliance with relevant industrial laws. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any other party to the proceedings.

The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated, if it contained terms that were procedurally and substantively fair, and if it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to examine the negotiation process, the contents of the agreement, and whether any terms unfairly disadvantaged employees.

The Commission determined that the agreement was genuinely negotiated and contained terms that were procedurally and substantively fair. It found that the applicant had provided sufficient evidence to demonstrate that the agreement was negotiated in good faith and that the employees had an opportunity to be involved in the negotiation process. The Commission also found that the terms of the agreement were not harsh, unjust, or unreasonable, and that they provided appropriate protections for employees. Consequently, the Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Fair Work Commission approved the John Raineri and Associates Consulting Engineers Enterprise Agreement 2013, finding that it met the statutory requirements for approval. The Commission's decision confirms the validity of the agreement and its terms, allowing the applicant to implement the agreement as intended.

John Raineri & Associates Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established