DECISION

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

Regson Pty Ltd T/A Regson Fabrication
(AG2018/1519)

REGSON FABRICATION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 22 AUGUST 2018

Application for approval of the Regson Fabrication Enterprise Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Regson Fabrication 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 Regson Pty Ltd T/A Regson Fabrication. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2018. The nominal expiry date of the Agreement is 21 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regson Pty Ltd T/A Regson Fabrication applied to the Fair Work Commission for the approval of the Regson Fabrication Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for the employees covered by the agreement. The Fair Work Commission is the body responsible for approving enterprise agreements in Australia.

The legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission had to determine if the agreement was made in accordance with the prescribed process, including whether proper consultation had occurred and if the agreement had been duly certified as a simple or low-risk agreement. Substantively, the Commission needed to consider whether the agreement provided for terms and conditions that were no worse off and, in some cases, better off than the applicable award or safety net.

The Commission found that the agreement had been made in accordance with the procedural requirements of the Act. It was certified as a low-risk agreement, and there was evidence of proper consultation between the parties. The substantive provisions of the agreement were also examined, and the Commission concluded that the agreement did not result in employees being worse off than they would have been under the applicable award or safety net. Additionally, the agreement provided for certain improvements, such as increased leave entitlements and a structured progression for wage increases. Given these findings, the Commission approved the Regson Fabrication Enterprise Agreement 2018.

The Fair Work Commission approved the Regson Fabrication Enterprise Agreement 2018, noting its compliance with both procedural and substantive requirements under the Fair Work Act. The decision highlights the importance of proper consultation and certification in the agreement-making process and reinforces the Commission's role in ensuring that enterprise agreements provide fair and reasonable terms and conditions of employment.

Regson Pty Ltd T/A Regson Fabrication

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established