Rechenberg Pty Ltd

[2014] FWCA 4816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rechenberg Pty Ltd
(AG2014/1054)

RECHENBERG LOCKSMITHS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2014

Application for approval of the Rechenberg Locksmiths Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rechenberg Locksmiths Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Rechenberg Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 7 July 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 24 July 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Rechenberg Pty Ltd applied for approval of the Rechenberg Locksmiths Enterprise Agreement 2014 in the Fair Work Commission. The applicant, a locksmithing business, sought to finalise the terms of employment for its employees through this agreement. The primary dispute was over the classification of certain employees and the associated pay rates, which the applicant argued were necessary to ensure competitive wages and operational efficiency. The respondent, representing the employees, contended that the proposed agreement did not adequately address the employees' needs and entitlements.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly in relation to the proper classification of employees and the fairness of the proposed terms. The court had to determine if the agreement was "appropriate" and "fair" for the employees, considering factors such as the nature of the work, the market rates, and the employees' bargaining power.

The court found that the proposed enterprise agreement was fair and appropriate. It acknowledged that the classifications and pay rates proposed by the applicant were reflective of industry standards and were necessary to maintain the business's competitiveness. The court also considered the employees' representation and concluded that the agreement adequately protected their interests. As a result, the court approved the Rechenberg Locksmiths Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established