DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reoforce Steelfixing Contractors Pty Ltd
(AG2019/3988)

REOFORCE STEELFIXING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 OCTOBER 2019

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

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

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 28 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Reoforce Steelfixing Contractors Pty Ltd, the applicant sought approval of an enterprise agreement for the period 2019 to 2023. The applicant, a steelfixing contractor, and the respondents, various unions representing its employees, had entered into negotiations resulting in the proposed agreement. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The Commission needed to determine whether the agreement met the legal criteria for approval, including provisions for employee wages, conditions, and dispute resolution mechanisms.

The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act, specifically sections 232 and 233. The applicant argued that the agreement was fair and reasonable, as it provided for minimum wages, reasonable working conditions, and an effective dispute resolution process. The respondents contended that certain provisions were unfair, particularly those related to the classification of employees and the introduction of new work arrangements that could potentially reduce job security.

The Commission assessed the agreement based on the criteria set out in the Fair Work Act. It found that the agreement provided for minimum wages and conditions that were consistent with the safety net provided by the Act. The Commission also considered the process by which the agreement was negotiated, determining that it was made in good faith and involved genuine bargaining. Despite some concerns raised by the respondents, the Commission concluded that the agreement was fair and reasonable, taking into account the overall benefits to both parties and the need for flexibility in the industry. The application for approval was therefore granted.

In granting the application, the Commission made an order approving the Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. This decision provided certainty for both the employer and employees, ensuring that the agreement would operate as intended while meeting the legal requirements for approval.

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