DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queensland Reo Pty Ltd
(AG2016/5435)

QUEENSLAND REO ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 OCTOBER 2016

Application for approval of the Queensland Reo Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Queensland Reo 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 Queensland Reo 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 13 October 2016. The nominal expiry date of the Agreement is 6 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Queensland Reo Pty Ltd sought approval of the Queensland Reo Enterprise Agreement 2016 in the Fair Work Commission. The agreement was to be applied to its employees covered by the Transport and Distribution Award 2010. The application for approval was made under the Fair Work Act 2009. The primary dispute in this matter was whether the proposed agreement complied with the requirements of the Act, particularly in terms of the procedural fairness and good faith bargaining provisions.

The legal issues the court was required to decide included whether the agreement was appropriately negotiated and whether it met the standards of procedural fairness. Additionally, the court needed to assess if the agreement complied with the good faith bargaining requirements and whether it was in the best interests of the employees. The key point of contention was whether the process leading to the agreement was fair and whether the agreement itself was reasonable.

The court found that the agreement was negotiated in good faith and that the process adhered to procedural fairness. It was determined that the agreement met the statutory requirements and was in the best interests of the employees. The court held that the application for approval should be granted, as the agreement was fair and appropriate. The court’s reasoning was based on the evidence of the negotiation process, the content of the agreement, and the overall fairness of the agreement to the employees. The final orders granted approval of the Queensland Reo Enterprise Agreement 2016, subject to any further orders the court may make.

Queensland Reo 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