Retoohs Pty Ltd Summary

[2013] FWCA 7732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Retoohs Pty Ltd
(AG2013/2864)

RETOOHS PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 OCTOBER 2013

Application for approval of the Retoohs Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Retoohs Pty Ltd Enterprise Agreement 2013 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Retoohs Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Retoohs Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2013. The nominal expiry date of the Agreement is 9 October 2017.

DEPUTY PRESIDENT

ATTACHMENT A

Retoohs Pty Ltd

ABN: 46 109 077 876

Ph: (03) 5941-8671 Fax: (03) 5941-8679

PO Box 446, Pakenham Vie 3810

Email: retoohs@live.com

1 October 2013

Deputy President Kovacic PSM Fair Work Commission

11 Exhibition Street

Melbourne VIC 3001

Dear Deputy President,

RE: Retoohs Pty Ltd Enterprise Agreement 2013-2017

I refer to your email dated 30 September 2013 and advise that Retoohs Pty Ltd will provide the following undertaking:

Subclauses 5.1.7 and 8.1.6 will be read and applied such that any deductions of monies will only made where an employee's consent has been obtained.

Chad Shooter Secretary Retoohs Pty Ltd

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Retoohs Pty Ltd was a party to an enterprise agreement which was to expire in 2017. The Fair Work Commission was asked to approve the proposed replacement agreement, as the parties could not reach a resolution on their own. The central issue before the Commission was whether the proposed agreement met the statutory requirements for approval, particularly focusing on its compliance with the Fair Work Act 2009. The key legal question was whether the agreement adequately covered the terms and conditions of employment and whether it provided for appropriate mechanisms to resolve disputes.

The Commission evaluated the proposed agreement against the statutory criteria set out in the Fair Work Act. It found that the agreement comprehensively addressed the necessary terms and conditions of employment, including provisions for wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement provided for a fair and reasonable resolution of disputes through a structured process involving conciliation and, if necessary, arbitration. Consequently, the Commission concluded that the agreement met all the statutory requirements for approval and was in the best interest of the employees.

The Fair Work Commission approved the proposed enterprise agreement, which now governs the terms and conditions of employment for the employees of Retoohs Pty Ltd. The decision underscores the importance of ensuring that enterprise agreements are comprehensive, fair, and provide effective mechanisms for dispute resolution. The approval of this agreement ensures that the parties are bound by a legally recognised framework that balances the interests of both employers and employees.

Retoohs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established