DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ron Bateman Pty Ltd T/A RB Electrical and Communications
(AG2017/3616)

RON BATEMAN PTY LTD ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Ron Bateman Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ron Bateman Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ron Bateman Pty Ltd T/A RB Electrical and Communications. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 30 November 2017 and, in accordance with s.54, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ron Bateman Pty Ltd T/A RB Electrical and Communications for the approval of the Ron Bateman Pty Ltd Enterprise Agreement 2017. The application was contested by the Electrical Trades Union of Australia, which raised concerns about several aspects of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, particularly regarding the process for making the agreement and the fairness of its terms. The Commission had to assess whether the agreement was genuinely a product of bargaining between the parties, whether it was made without coercion, and whether it included terms that were reasonable in the circumstances. The Commission also needed to consider whether the agreement adequately covered all the employees it sought to apply to.

In delivering its decision, the Commission noted that the proposed agreement had been made following a series of meetings between the parties and included terms that were consistent with industry standards. The Commission found that the process for making the agreement was procedurally sound and that the agreement was genuinely the product of bargaining. The Commission also found that the terms of the agreement were not unreasonable and provided a fair and balanced outcome for both parties. Given these findings, the Commission approved the application for the agreement to be registered.

Ron Bateman Pty Ltd T/A RB Electrical and Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established