Reliance Engineering Group Pty Ltd T/A Reliance Resourcing Summary

[2014] FWCA 1289

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Engineering Group Pty Ltd T/A Reliance Resourcing
(AG2014/236)

RELIANCE MANUFACTURING ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Reliance Manufacturing Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Manufacturing Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Reliance Engineering Group Pty Ltd t/a Reliance Resourcing. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 27 February 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Reliance Engineering Group Pty Ltd trading as Reliance Resourcing, the Fair Work Commission was asked to approve a new enterprise agreement. The dispute arose as the parties could not agree on certain aspects of the proposed agreement, which was set to cover employees from 2014 to 2018. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, was free from prohibited content, and was made in good faith. The Commission also had to consider whether the agreement had been properly negotiated and if the process followed was in accordance with the Fair Work Act. Specifically, the Commission examined whether the agreement provided for a fair and reasonable rate of pay, appropriate classification of employees, and adequate provisions for working conditions and dispute resolution.

After considering the submissions from both parties, the Commission found that the agreement largely met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it provided for a fair and reasonable rate of pay, appropriate classification of employees, and adequate provisions for working conditions and dispute resolution. The Commission also found that the agreement was made in good faith and that the negotiation process was in accordance with the Act. The Commission approved the agreement with some minor amendments to ensure compliance with the minimum standards.

The final orders of the Commission included the approval of the Reliance Manufacturing Enterprise Agreement 2014-2018 with the aforementioned amendments. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the specified commencement date. The Commission also directed that the parties comply with any further directions it may give in relation to the agreement or its operation.

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