REC Group Pty Ltd

[2013] FWCA 635

FAIR WORK COMMISSION

DECISION

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

REC Group Pty Ltd
(AG2012/13069)

R E C GROUP PTY LTD ENTERPRISE AGREEMENT 2012 - 2015

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 29 JANUARY 2013

Application for approval of the R E C Group Pty Ltd Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the R E C Group Pty Ltd Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] Following a request from the Commission for further information concerning the application of the better off overall test in regards to the span of hours in the Agreement, an undertaking with respect to clause 7 - Hours of work, and in particular, subclause 7.1.1, the ordinary hours of work, has been provided by the employer.

[3] An undertaking with respect to clause 9 - Leave, and in particular, subclause 9.7.1, the entitlement to personal leave, has been provided by the Applicant.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[5] I have sought the views of the bargaining representatives in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representatives have not advised of any concerns with the undertaking provided.

[6] The Agreement covers those workers where the company undertakes construction work, including maintenance work. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[8] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 5 February 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, REC Group Pty Ltd, sought approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission. The dispute centred on the terms of the enterprise agreement, which was intended to govern the employment conditions of the company's staff for the period 2012 to 2015.

The legal issues before the court involved whether the terms of the proposed enterprise agreement were fair and reasonable. The applicant argued that the agreement was necessary to facilitate the smooth operation of its business and to ensure the fair treatment of employees. The opposition came from certain employees who argued that the proposed agreement did not sufficiently protect their rights and interests.

In determining the matter, the court considered the principles of fairness and reasonableness in the context of enterprise agreements. It examined the terms of the proposed agreement, the bargaining process, and the impact of the agreement on the employees. The court found that the agreement was fair and reasonable and approved the application. The court noted that the agreement provided for a balanced distribution of benefits and obligations between the employer and employees and was consistent with the objectives of the Fair Work Act.

The final orders of the court were that the REC Group Pty Ltd Enterprise Agreement 2012 - 2015 was approved as a registered agreement under the Fair Work Act. The agreement was to be registered by the Registrar of the Fair Work Commission and would have effect from the date of registration. The decision was binding on all parties and could not be challenged except on limited grounds provided by the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established