DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regal Engineering and Line Boring Pty Ltd
(AG2014/10670)

REGAL ENGINEERING & LINEBORING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 16 MARCH 2015

Application for approval of the Regal Engineering & Lineboring Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Regal Engineering & Lineboring Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regal Engineering and Line Boring Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Regal Engineering and Line Boring Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the period for lodging the application to 5 December 2014.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2015. The nominal expiry date of the Agreement is 16 March 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Regal Engineering and Line Boring Enterprise Agreement 2014. The application was made by the employer, and the dispute arose from the negotiation and subsequent agreement between the employer and the employees represented by the union. The matter was heard by Commissioner M. A. Kane.

The legal issues before the FWC involved determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 for the approval process. Specifically, the FWC had to consider if the agreement was in the best interests of the employees, if it was negotiated in good faith, and if it complied with the provisions of the Act, including the "better off overall test" (BOOT). The FWC also needed to assess whether there were any procedural irregularities in the negotiation process.

After examining the submissions from both the employer and the union, Commissioner Kane concluded that the agreement was negotiated in good faith and met the statutory requirements. The agreement passed the BOOT, with the employees being better off overall, including the provisions for pay increases, penalty rates, and other conditions. The FWC also found that there were no procedural irregularities in the negotiation process, and the agreement was in the best interests of the employees. Consequently, the FWC approved the application for the enterprise agreement.

The FWC's final orders included the approval of the Regal Engineering and Line Boring Enterprise Agreement 2014, which would now be applicable to the employees of the company. The agreement was to be registered with the Fair Work Commission and would take effect from the date of the decision. The approval of the agreement was a significant step in formalising the employment terms and conditions between the employer and the employees.

Regal Engineering and Line Boring Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established