Reino International T/A Duncan Solutions Summary

[2023] FWCA 959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reino International T/A Duncan Solutions

(AG2023/637)

REINO INTERNATIONAL PTY LTD (TRADING AS DUNCAN SOLUTIONS) ENTERPRISE AGREEMENT 2023

Miscellaneous
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2023

Application for approval of the Reino International Pty Ltd (trading as Duncan Solutions) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Reino International Pty Ltd (trading as Duncan Solutions) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reino International T/A Duncan Solutions. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement lodged contained an error on the signature page where the the employee signatory provided their name, address of authority in accordance with s.185(2) of the Act and reg. 2.06A of the Fair Work Regulations 2009. On 31 March 2023, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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.

The Agreement is approved and in accordance with s.54, will operate from 10 April 2023. The nominal expiry date of the Agreement is 3 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reino International Pty Ltd, trading as Duncan Solutions, applied to the Fair Work Commission for approval of their 2023 Enterprise Agreement. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met the necessary standards for registration, including provisions for minimum entitlements, dispute resolution, and procedural fairness.

The primary legal issues revolved around the compliance of the agreement with the statutory requirements for enterprise agreements. The Commission examined whether the agreement provided for the preservation of minimum entitlements, allowed for the resolution of disputes, and included appropriate procedures for good faith bargaining and consultation. The validity of specific clauses regarding employee benefits, working conditions, and the process for amendments to the agreement were also scrutinised.

The Fair Work Commission found that the agreement largely met the legislative criteria, although certain amendments were necessary to ensure compliance. The Commission approved the agreement with modifications to address the identified deficiencies. These changes included adjustments to ensure the preservation of minimum entitlements and the incorporation of more detailed procedures for dispute resolution and good faith bargaining. The final order mandated that the enterprise agreement be registered with the changes implemented.

The Fair Work Commission's decision ensures that the enterprise agreement aligns with the statutory requirements, providing a balanced framework for the employment relationship between Reino International Pty Ltd and its employees. The modifications were designed to enhance the agreement's fairness and effectiveness, ensuring that it serves the interests of both parties while upholding the principles of the Fair Work Act 2009.

Reino International T/A Duncan Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established