Reino International Pty Ltd Summary

[2016] FWCA 418

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Reino International Pty Ltd T/A Duncan Solutions Australia

(AG2015/7845)

REINO INTERNATIONAL PTY LTD (TRADING AS DUNCAN

SOLUTIONS AUSTRALIA) ENTERPRISE AGREEMENT 2015

Local government administration

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 21 JANUARY 2016

Application for approval of the Reino International Pty Ltd (trading as Duncan Solutions

Australia) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Reino International Pty Ltd (trading as Duncan Solutions Australia) Enterprise Agreement

2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009

(the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to

this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by

s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term

contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the

agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from

28 January 2016. The nominal expiry date of the Agreement is 28 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Reino International Pty Ltd (trading as Duncan Solutions Australia) Enterprise Agreement 2015, made under section 185 of the Fair Work Act 2009. The Deputy President of the Fair Work Commission, Lawrence, presided over the case in Sydney on January 21, 2016. The agreement was a single-enterprise agreement that required approval to become legally binding.

The legal issues before the court were whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, as well as whether the agreement contained a consultation term as required by section 205(1) and (1A). If not, whether the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 would be deemed to be a term of the agreement.

The Deputy President found that the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009. However, the agreement did not contain a consultation term with the required content as per section 205(1) and (1A). Therefore, in accordance with section 205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 was deemed to be a term of the agreement. The Deputy President approved the agreement, which would operate from January 28, 2016, with a nominal expiry date of January 28, 2019.

This decision highlights the importance of ensuring that enterprise agreements meet the legal requirements set out in the Fair Work Act 2009 and the Fair Work Regulations 2009. It also demonstrates the court's willingness to deem a model consultation term to be a term of the agreement if the required content is not included in the agreement.

Reino International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established