DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reoweld Pty Ltd t/a Reoweld
(AG2015/6440)

REOWELD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the Reoweld Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Reoweld Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reoweld Pty Ltd t/a Reoweld. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 7 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Reoweld Pty Ltd, trading as Reoweld, for the approval of the Reoweld Enterprise Agreement 2015. The application was brought under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for Reoweld's employees as outlined in the proposed agreement. The central issue was whether the agreement met the statutory requirements for approval, including whether it contained the minimum entitlements prescribed by the Act and whether it was fairly negotiated.

The court was required to determine if the Reoweld Enterprise Agreement 2015 complied with the legal standards set out in the Fair Work Act. Specifically, the court had to ascertain whether the agreement provided employees with at least the minimum entitlements stipulated by the Act and whether it was genuinely negotiated between the employer and the employees or their representatives. Additionally, the court needed to assess whether any provisions within the agreement were contrary to public policy or had been obtained under duress or coercion.

In its decision, the Fair Work Commission examined the provisions of the Reoweld Enterprise Agreement 2015 against the criteria established by the Fair Work Act. The Commission found that the agreement met the minimum standards for employee entitlements and that it was the product of genuine negotiations. The court determined that the agreement did not contain any clauses that contravened public policy or were obtained through improper means. Consequently, the Commission approved the Reoweld Enterprise Agreement 2015, affirming its compliance with the statutory requirements.

The final orders of the Commission included the approval of the Reoweld Enterprise Agreement 2015, effective from the date of the decision. The court mandated that the agreement be implemented in accordance with the terms outlined, ensuring that employees received the entitlements as specified and that any disputes arising from the agreement be resolved in line with the Fair Work Act.

Reoweld Pty Ltd t/a Reoweld

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established