DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance WC (QLD) Pty Ltd
(AG2019/941)

RELIANCE WC (QLD) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 MAY 2019

Application for approval of the Reliance WC (QLD) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Reliance WC (QLD) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Reliance WC (QLD) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 28 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Reliance WC (QLD) Pty Ltd applied for approval of the Reliance WC (QLD) Pty Ltd Enterprise Agreement 2019. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and provided for a fair and efficient workplace. The respondents, represented by the union, contended that certain provisions of the agreement were unfair and did not meet the standards set by the Act.

The legal issues before the Commission included whether the agreement was genuinely made by the parties in good faith and whether it provided for a fair and efficient workplace. The respondents argued that the applicant had failed to bargain in good faith and that certain provisions were harsh, unjust, or unreasonable. The applicant maintained that the agreement was the result of genuine bargaining and provided for a fair and efficient workplace.

The Commission found that the agreement had been made in good faith and provided for a fair and efficient workplace. The Commission rejected the respondents' contentions that certain provisions were unfair and found that the agreement met the standards set by the Act. The Commission approved the agreement and ordered that it be registered.

The Commission noted that the agreement provided for a comprehensive and fair set of terms and conditions of employment. The Commission found that the agreement was the result of genuine bargaining and that the parties had made a genuine effort to reach an agreement. The Commission was satisfied that the agreement provided for a fair and efficient workplace and approved it accordingly. The respondents' objections were dismissed, and the agreement was registered.

Reliance WC (QLD) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established