Reoforce Pty Ltd; Reoforce Steelfixing Contractors Pty Limited

[2013] FWCA 2212

FAIR WORK COMMISSION

DECISION

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

Reoforce Pty Ltd; Reoforce Steelfixing Contractors Pty Limited
(AG2013/837)

REOFORCE PTY LTD AND REOFORCE STEELFIXING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 APRIL 2013

Application for approval of the Reoforce Pty Ltd and Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Reoforce Pty Ltd and Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Reoforce Pty Ltd and Reoforce Steelfixing Contractors Pty Ltd (“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 22 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Reoforce Pty Ltd and Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2013-2016. The application was made by Reoforce Steelfixing Contractors Pty Ltd, and the dispute arose under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the enterprise agreement contained provisions that were fair and reasonable in all respects. This involved an assessment of whether the agreement met the criteria for approval under section 230 of the Fair Work Act, which requires that agreements must not provide for terms and conditions that are less favourable than the applicable awards or safety nets, and must not be detrimental to employees. The Commission also had to consider whether the agreement was genuinely negotiated and whether it met the "better off overall test" under section 230(1)(e) of the Act.

In delivering its decision, the Commission found that the enterprise agreement contained provisions that were fair and reasonable. It was noted that the agreement provided for terms and conditions that were not less favourable than the relevant awards and safety nets. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated and met the "better off overall test." The Commission concluded that the agreement would not have an adverse effect on employees and was in the best interests of the parties involved. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Reoforce Pty Ltd and Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2013-2016, determining that it met all the statutory requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, was genuinely negotiated, and met the "better off overall test." No orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established