DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reoforce Steelfixing Contractors Pty Ltd
(AG2016/4009)

REOFORCE STEELFIXING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2016

Application for approval of the Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reoforce Steelfixing 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 9 September 2016. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Reoforce Steelfixing Contractors Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the company and its employees. The agreement, spanning from 2016 to 2019, aimed to outline the terms and conditions of employment for the workers. The dispute centred around whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The primary legal issue before the Commission was to determine if the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for the employees' minimum entitlements, was free from prohibited content, and if it was genuinely negotiated. Furthermore, the Commission needed to consider whether the agreement was in the best interests of the employees and if it allowed for effective dispute resolution.

In its decision, the Fair Work Commission carefully examined the provisions of the agreement. It found that the agreement complied with all the statutory requirements under the Fair Work Act 2009. The Commission noted that the agreement provided for the employees' minimum entitlements and did not contain any prohibited content. Additionally, the Commission was satisfied that the agreement was genuinely negotiated between the parties. Importantly, the Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms, including provisions for dispute resolution. The Commission approved the enterprise agreement, recognising its benefits for both the employer and the employees.

Reoforce Steelfixing 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