DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Reinforcing Pty Ltd
(AG2020/484)

NATIONAL REINFORCING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 19 MARCH 2020

Application for approval of the National Reinforcing Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Reinforcing Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Reinforcing Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2020 The nominal expiry date of the Agreement is 18 March 2024.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, National Reinforcing Pty Ltd, applied for the approval of the National Reinforcing Pty Ltd Enterprise Agreement 2019. The respondent, the Australian Manufacturing Workers' Union, opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred around specific clauses within the agreement that the respondent argued were unfair or did not meet the statutory minimum entitlements. The commission was tasked with determining whether the agreement complied with the provisions of the Act and whether it was made in good faith.

The primary legal issue before the commission was whether the agreement met the criteria for approval under section 230 of the Fair Work Act 2009. This involved examining if the agreement was made in good faith and if it provided for the terms and conditions of employment that complied with the Act. A significant point of contention was the interpretation of specific clauses in the agreement that the respondent claimed were unfair. The commission had to consider the broader context of the agreement, including the bargaining process and the parties' conduct during negotiations. The fairness of the agreement's terms and the process through which it was made were central to the decision.

After a thorough review of the evidence and arguments presented, the commission found that the agreement was made in good faith and that it complied with the statutory requirements. The commission determined that while some clauses raised concerns, they were not so deficient as to render the entire agreement invalid. The commission acknowledged the complexities of the bargaining process but found that the overall terms and conditions of the agreement were fair and met the necessary legal standards. Consequently, the application for approval was successful, and the agreement was approved.

The final orders of the commission were that the National Reinforcing Pty Ltd Enterprise Agreement 2019 be approved in accordance with section 230 of the Fair Work Act 2009. This decision provided clarity on the enforceability of the agreement and its terms for the parties involved. The commission's ruling confirmed the validity of the agreement, subject to the specific terms and conditions as outlined in the document.

National Reinforcing Pty Ltd

DECISION

CaseChat Overview and Summary

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Legal Principle Established