DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R E & M Services Pty Ltd
(AG2018/1378)

R E & M SERVICES PTY LTD ENTERPRISE AGREEMENT 2018.

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 4 JULY 2018

Application for approval of the R E & M Services Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the R E & M Services Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R E & M Services 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 11 July 2018. The nominal expiry date of the Agreement is 4 years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, R E & M Services Pty Ltd, sought approval of the R E & M Services Pty Ltd Enterprise Agreement 2018 under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees, and the application was heard in the Fair Work Commission. The case centred on whether the enterprise agreement complied with the statutory requirements and whether it was in the best interests of the employees.

The key legal issues that the Fair Work Commission had to resolve were whether the agreement was genuinely bargained, whether it met the "better off overall test" for the employees, and if it contained all the prescribed terms as required by the Act. The Commission also needed to assess if the agreement was consistent with the Fair Work Act's purpose of creating a nationally consistent safety net of minimum entitlements for workers.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the enterprise agreement was genuinely negotiated between the employer and the employees' representatives. The Commission found that the agreement met the "better off overall test," as it provided employees with benefits that were at least as good as, or better than, the relevant awards or the national system. The Commission also confirmed that the agreement contained all the prescribed terms and was consistent with the objectives of the Fair Work Act.

As a result of its findings, the Fair Work Commission approved the R E & M Services Pty Ltd Enterprise Agreement 2018. The decision was made in favour of the applicant, and the agreement was registered, thereby providing a legally binding framework for the employment terms of the company's workers.

R E & M Services 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