National Reinforcing Pty Ltd

Case [2016] FWCA 3162


[2016] FWCA 3162
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

National Reinforcing Pty Ltd
(AG2016/2607)

NATIONAL REINFORCING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 19 MAY 2016

Application for approval of the National Reinforcing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the National Reinforcing Pty Ltd Enterprise Agreement 2016 (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] 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 was approved on 19 May 2016 and, in accordance with s.54, will operate from 26 May 2016. The nominal expiry date of the Agreement is 18 May 2020.

COMMISSIONER

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Annexure A

Details
AGLC
National Reinforcing Pty Ltd [2016] FWCA 3162
Case
[2016] FWCA 3162
Decision Date

CaseChat Overview and Summary

The applicant, National Reinforcing Pty Ltd, sought the approval of the National Reinforcing Pty Ltd Enterprise Agreement 2016 under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC), which is tasked with ensuring that employment agreements are fair and comply with legislative standards. The dispute centred on whether the agreement contained appropriate provisions for the employees' wages, conditions, and dispute resolution mechanisms, and whether these provisions met the legal requirements.

The FWC had to determine if the agreement provided for fair and reasonable terms and conditions, ensuring compliance with the provisions of the Fair Work Act. This included examining whether the agreement included minimum wage rates and entitlements, provisions for flexible working arrangements, and mechanisms for resolving disputes. The applicant argued that the agreement was fair and reasonable, while no objections were raised by the employees or any other party. However, the FWC had to scrutinise the agreement to ensure it met all legal standards.

The FWC found that the agreement adequately addressed the minimum wage rates, entitlements, and dispute resolution mechanisms as required by the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees. The FWC approved the agreement, acknowledging the applicant's efforts to ensure compliance with legislative standards. The final orders confirmed the approval of the National Reinforcing Pty Ltd Enterprise Agreement 2016, allowing it to be implemented as per the agreement's terms.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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