DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ME Reinforcing Pty Ltd
(AG2017/1990)

ME REINFORCING ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 JULY 2017

Application for approval of the ME Reinforcing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ME Reinforcing 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 ME Reinforcing 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ME Reinforcing Pty Ltd applied to the Fair Work Commission for approval of the ME Reinforcing Enterprise Agreement 2017. The applicant, a construction company, and the respondent, an unincorporated association representing the employees, had reached an agreement to regulate employment terms and conditions. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission to be legally binding.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including provisions for minimum wages, penalties for non-compliance, and the process for dispute resolution. The Commission had to ensure that the agreement did not disadvantage employees and provided adequate safeguards for their rights and entitlements. Additionally, the Commission considered whether the agreement complied with the Better Off Overall Test (BOOT), which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or previous agreement.

The Commission found that the agreement met all legislative requirements. It included provisions for minimum wages, penalties, and dispute resolution, and was better off overall for employees in terms of pay and conditions. The Commission approved the agreement, noting that it provided a fair and balanced outcome for both the employer and employees. The agreement was to be in effect for three years, with provisions for early termination by either party under specific conditions.

The Fair Work Commission approved the ME Reinforcing Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Commission and would be legally binding on the parties. The approval was subject to the terms and conditions set out in the agreement and the Fair Work Act.

ME Reinforcing 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