DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rex Barrett Industries Pty Limited T/A Rex Barrett Industries
(AG2021/4281)

REX BARRETT INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 MAY 2021

Application for approval of the Rex Barrett Industries Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rex Barrett Industries Pty Ltd Single Enterprise Agreement 2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rex Barrett Industries 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 10 May 2021. The nominal expiry date of the Agreement is 3 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rex Barrett Industries Pty Limited, trading as Rex Barrett Industries, brought an application before the Fair Work Commission for approval of the Rex Barrett Industries Pty Ltd Single Enterprise Agreement 2021. The applicant, an employer, sought the approval of the proposed agreement that outlined terms and conditions for its employees. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees. The union contested the fairness and compliance of the proposed agreement with relevant industrial laws.

The legal issues before the commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included determining if the agreement was free from any unfair content, provided adequate terms and conditions for the employees, and was genuinely negotiated between the parties. Additionally, the commission needed to assess if the agreement complied with the procedural requirements, including proper notification and provision of the agreement to the relevant parties.

The Fair Work Commission found that the proposed agreement was free of any unfair content and was negotiated in good faith. The commission considered the provisions of the agreement, including wages, hours of work, leave entitlements, and other employment conditions, and concluded that they were reasonable and fair. The commission also noted that the agreement complied with the procedural requirements, as evidenced by the proper notification and provision of the agreement to the relevant parties. Consequently, the commission approved the Rex Barrett Industries Pty Ltd Single Enterprise Agreement 2021, finding it to be in accordance with the relevant industrial laws.

The final orders of the commission included the approval of the Rex Barrett Industries Pty Ltd Single Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement until such time as a new agreement was made or the existing agreement was terminated in accordance with the Fair Work Act 2009.

Rex Barrett Industries Pty Limited T/A Rex Barrett Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established