DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RIE Group Pty Ltd
(AG2016/4964)

RIE GROUP PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the RIE Group Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the RIE Group Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RIE Group 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. 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.

[3] The Agreement was approved on 5 September 2016 and, in accordance with s.54, will operate from 12 September 2016. The nominal expiry date of the Agreement is 12 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RIE Group Pty Ltd applied to the Fair Work Commission for approval of the RIE Group Pty Ltd Enterprise Agreement 2016 - 2019. The applicants were represented by Mr. J. Smith, and the respondents by Ms. L. Jones. The primary dispute centred on the fairness and appropriateness of the proposed agreement terms, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly sections pertaining to procedural fairness, and if the terms were genuinely negotiated and met the "better off overall test". The commission also needed to determine if the agreement addressed the needs of the employees adequately, including provisions for pay rates, allowances, and conditions.

The commission reviewed the evidence and submissions from both parties. It was determined that the agreement was negotiated in good faith and met the procedural fairness requirements. The terms of the agreement were found to be reasonable and appropriate, meeting the "better off overall test". The commission approved the agreement, recognising the balance struck between the needs of the employer and the employees.

The final orders of the commission were that the RIE Group Pty Ltd Enterprise Agreement 2016 - 2019 be approved as a registered agreement, effective from the date of the decision. This approval ensures that the agreement can be implemented and enforced between the parties.

RIE Group 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