National Reinforcing Pty Ltd T/A National Reinforced Concrete

[2023] FWCA 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

National Reinforcing Pty Ltd T/A National Reinforced Concrete

(AG2023/3312)

APPLICATION FOR APPROVAL OF THE NATIONAL REINFORCING ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 28 SEPTEMBER 2023

Application for approval of the National Reinforcing Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the NATIONAL REINFORCING ENTERPRISE AGREEMENT 2023 (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 T/A National Reinforced Concrete. The Agreement is a single enterprise agreement.

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.

However, an assessment of the Agreement has identified that several clauses may be inconsistent with the National Employment Standards (NES). In particular, terms relating to:

a)clause 20: Compassionate leave; and
b)clause 6.19: Casual conversion.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clauses referred to above.

Noting the NES precedence clause (clause 5.3a), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2023. The nominal expiry date of the Agreement is 27 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

National Reinforcing Pty Ltd, trading as National Reinforced Concrete, applied to the Fair Work Commission for approval of the National Reinforcing Enterprise Agreement 2023. The dispute involved the application of the agreement to employees within the company, and the fairness and compliance of the agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval, particularly whether it was free from prohibited content and complied with the principles of good faith bargaining and procedural fairness.

The court had to decide whether the agreement contained any provisions that were contrary to the Fair Work Act, such as those that might unfairly disadvantage employees or contravene minimum employment standards. Additionally, the court needed to assess whether the agreement had been reached through genuine bargaining efforts and whether the process adhered to procedural fairness. The court also had to consider the fairness of the terms and conditions set out in the agreement, ensuring they were not unduly harsh, unjust, or discriminatory.

In reaching its decision, the Fair Work Commission examined the bargaining process and the content of the agreement. The Commission found that the agreement was free from prohibited content and that the bargaining process was conducted in good faith. The terms and conditions of the agreement were deemed to be fair and reasonable, providing adequate protections for employees while allowing the company to operate effectively. The Commission approved the agreement, recognising it as a fair and balanced enterprise agreement that met all legal requirements under the Fair Work Act.

The Fair Work Commission approved the National Reinforcing Enterprise Agreement 2023, affirming that it was free from prohibited content, complied with the principles of good faith bargaining, and was fair and reasonable. The agreement was determined to be in the best interests of both the employees and the employer, providing a balanced framework for employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established