Reliance Engineering Group Pty Ltd T/A Reliance Resourcing Summary

[2013] FWCA 5844

FAIR WORK COMMISSION

DECISION

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

Reliance Engineering Group Pty Ltd T/A Reliance Resourcing
(AG2013/2281)

RELIANCE RESOURCING ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 20 AUGUST 2013

Application for approval of the Reliance Resourcing Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Resourcing Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Reliance Engineering Group Pty Ltd t/as Reliance Resourcing (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 27 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Reliance Engineering Group Pty Ltd, trading as Reliance Resourcing, applied for the approval of the Reliance Resourcing Enterprise Agreement 2013-2017. The dispute concerned the terms and conditions of employment for certain employees of the company, as outlined in the proposed agreement. The application was heard by a delegate of the Commission.

The primary legal issues the court needed to address were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the proper classification of employees and the fairness of the terms and conditions proposed. The court had to determine if the agreement provided for appropriate minimum rates of pay, reasonable working hours, and adequate provisions for leave and other entitlements. Furthermore, the court needed to consider if the agreement met the "better off overall test" and if it had been negotiated in good faith.

After reviewing the evidence and submissions from both parties, the court found that the proposed enterprise agreement complied with the relevant legislative requirements. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and met the "better off overall test". The court also concluded that the agreement had been negotiated in good faith and was in the best interests of the employees.

The Fair Work Commission approved the Reliance Resourcing Enterprise Agreement 2013-2017, effective from the date of the decision. The court's approval ensures that the terms and conditions of employment for the employees of Reliance Engineering Group Pty Ltd, trading as Reliance Resourcing, are legally binding and provide for their fair treatment under the agreement.

Reliance Engineering Group Pty Ltd T/A Reliance Resourcing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established