Reomart WA Pty Ltd

[2013] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reomart WA Pty Ltd
(AG2013/5620)

REOMART WA PTY LTD WA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 APRIL 2013

Application for approval of the Reomart WA Pty Ltd WA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Reomart WA Pty Ltd WA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 28 February 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Reomart WA Pty Ltd WA Enterprise Agreement 2013 by the Fair Work Commission (FWC). The applicant, Reomart WA Pty Ltd, sought approval for the enterprise agreement under section 174 of the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement certified, which would provide it with a legal framework for employment terms and conditions.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, such as whether it provided for a fair and equitable outcome for the employees, and whether the process leading to the agreement was fair and lawful. The Commission also needed to determine whether the agreement was appropriately negotiated and whether it contained all the necessary provisions as stipulated by the Act.

In its decision, the Commission carefully reviewed the provisions of the enterprise agreement, assessing them against the statutory criteria. The Commission found that the agreement was fairly negotiated, provided for a fair and equitable outcome for the employees, and contained all the necessary provisions. The Commission also noted that the process leading to the agreement was fair and lawful, with no procedural irregularities. Consequently, the Fair Work Commission approved the Reomart WA Pty Ltd WA Enterprise Agreement 2013, allowing it to take effect and provide a legally binding framework for the employment terms and conditions of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established