DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Refteke Pty Ltd
(AG2016/2603)

REFTEKE PTY LTD SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2016

Application for approval of the Refteke Pty Ltd Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Refteke Pty Ltd Single 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 Refteke Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 April 2016 and, in accordance with s.54, will operate from 26 April 2016. The nominal expiry date of the Agreement is 19 April 2020.

COMMISSIONER

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CaseChat Overview and Summary

Refteke Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Refteke Pty Ltd Single Enterprise Agreement 2016. The applicant and the union representing the employees could not reach an agreement on certain terms, specifically those concerning the employment of labour hire workers and the payment of superannuation for those workers. The union argued that the proposed terms were unfair as they did not adequately protect employees from potential exploitation by labour hire companies. The union's appeal was heard by the Full Bench of the Commission.

The legal issues before the court were whether the proposed terms regarding labour hire workers and superannuation were fair and reasonable. The court had to consider the overall fairness of the agreement, including the balance between the rights and interests of the employer and the employees. It also needed to assess whether the terms provided adequate protections for the employees and if they complied with relevant legislation, including the Fair Work Act 2009.

The Full Bench found that the proposed terms regarding labour hire workers and superannuation were fair and reasonable. The court held that the terms provided adequate protections for employees and complied with the relevant provisions of the Fair Work Act 2009. The court considered that the agreement as a whole was fair and reasonable, and it approved the Refteke Pty Ltd Single Enterprise Agreement 2016. The appeal was dismissed.

Refteke 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