DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rex Barrett Industries Pty Ltd
(AG2015/1721)

REX BARRETT INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2015

Application for approval of the Rex Barrett Industries Pty Limited Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Rex Barrett Industries Pty Limited Single Enterprise Agreement 2014 (the Agreement). 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 Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 23 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 25 March 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rex Barrett Industries Pty Ltd sought approval of the Rex Barrett Industries Pty Limited Single Enterprise Agreement 2014 from the Fair Work Commission. The application arose due to disagreements between the employer and the union regarding the terms and conditions of employment under the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider if the agreement was made in good faith, and if it provided for a fair and reasonable outcome for both the employer and the employees. Additionally, the Commission examined if the agreement contained appropriate provisions for dispute resolution and employee representation.

The Fair Work Commission found that the proposed agreement was made in good faith and satisfied the requirements of the Fair Work Act. The Commission considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement included adequate provisions for dispute resolution and employee representation. As a result, the Commission approved the Rex Barrett Industries Pty Limited Single Enterprise Agreement 2014.

The Fair Work Commission ordered the approval of the Rex Barrett Industries Pty Limited Single Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement. The employer and the union were required to comply with the terms of the approved agreement, and any disputes arising from its interpretation or application were to be resolved in accordance with the agreement's dispute resolution provisions.

Rex Barrett Industries 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