DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reiner Holdings Pty Ltd T/A Reiner Earthmoving
(AG2014/10932)

REINER HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 FEBRUARY 2015

Application for approval of the Reiner Holdings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Reiner Holdings Pty Ltd 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 Reiner Holdings Pty Ltd T/A Reiner Earthmoving. 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 Reiner Holdings Pty Ltd T/A Reiner Earthmoving. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2015. The nominal expiry date of the Agreement is 18 February 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involves Reiner Holdings Pty Ltd, trading as Reiner Earthmoving, and a union representing its employees. The dispute pertains to the approval of the Reiner Holdings Pty Ltd Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement complied with the procedural and substantive fairness criteria, including whether it was free from coercion, duress, and undue influence, and whether it provided for the appropriate bargaining and negotiation processes.

In its decision, the Commission thoroughly examined the process by which the agreement was negotiated and concluded that the agreement was not procedurally sound. It found that there were significant procedural deficiencies in the negotiation process, which included a failure to provide adequate notice of meetings and an inadequate process for employee participation. The Commission also noted that the agreement did not adequately address certain substantive issues, such as minimum wage rates and working conditions. Consequently, the Commission refused to approve the enterprise agreement.

The Fair Work Commission ordered that the Reiner Holdings Pty Ltd Enterprise Agreement 2014 be disallowed and that the parties must return to the negotiating table to address the identified issues in a manner that complies with the Fair Work Act 2009.

Reiner Holdings Pty Ltd T/A Reiner Earthmoving

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