DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reoforce Contractors Pty Ltd
(AG2019/3991)

REOFORCE CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 OCTOBER 2019

Application for approval of the Reoforce Contractors Pty Ltd Enterprise Agreement 2019 - 2023

[1] An application has been made for approval of an enterprise agreement known as the Reoforce Contractors Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reoforce Contractors Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2019. The nominal expiry date of the Agreement is 30 October 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved an application for the approval of the Reoforce Contractors Pty Ltd Enterprise Agreement 2019-2023. The application was before the Fair Work Commission, which is tasked with the regulation and adjudication of workplace relations issues in Australia. The primary parties involved were Reoforce Contractors Pty Ltd, the employer, and the Electrical Trades Union of Australia, representing the employees. The dispute centred on the terms and conditions of the proposed enterprise agreement, particularly regarding the application of certain wage rates and the classification of employees.

The court was required to determine whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Key issues included whether the proposed agreement adequately protected the rights of the employees, whether it provided for fair terms and conditions, and whether it was consistent with the broader principles of the Fair Work Act. The court also had to consider whether the agreement was made in good faith and whether it provided for a proper process for resolving disputes between the parties.

The Fair Work Commission, after thorough deliberation, found that the Reoforce Contractors Pty Ltd Enterprise Agreement 2019-2023 was compliant with the statutory requirements. The court reasoned that the agreement provided for fair and reasonable terms and conditions, adequately protected the rights of the employees, and was consistent with the overarching principles of the Fair Work Act. The court emphasised the importance of the good faith bargaining process and noted that the agreement reflected the outcomes of such a process. Consequently, the Commission approved the agreement, recognising it as a valid and binding enterprise agreement under the Act.

The final orders of the court mandated that the approved enterprise agreement be registered and enforceable under the Fair Work Act. The agreement was to apply to all employees covered by its terms, and both parties were bound to adhere to its provisions. This decision underscored the importance of enterprise agreements in shaping the terms and conditions of employment within the regulated framework of Australian workplace relations.

Reoforce Contractors 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