Specialised Reline Services Pty Ltd Summary

[2016] FWCA 1119

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Specialised Reline Services Pty Ltd t/a Peter & Julie Nelson Family Trust

(AG2016/41)

SPECIALISED RELINE SERVICES ENTERPRISE AGREEMENT 2015

Mining industry

COMMISSIONER LEE

MELBOURNE, 22 FEBRUARY 2016

Application for approval of the Specialised Reline Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Specialised Reline Services Enterprise Agreement 2015 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Specialised

Reline Services Pty Ltd t/a Peter & Julie Nelson Family Trust. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 1119

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 February 2016. The nominal expiry date of the Agreement is 21 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1119

Annexure A

[2016] FWCA 1119

CaseChat Overview and Summary

Specialised Reline Services Pty Ltd t/a Peter & Julie Nelson Family Trust made an application to the Fair Work Commission under section 185 of the Fair Work Act 2009 for approval of the Specialised Reline Services Enterprise Agreement 2015 (the Agreement). The Agreement was a single enterprise agreement for the mining industry. The application was made in Melbourne before Commissioner Lee on 22 February 2016. The Applicant provided written undertakings, a copy of which was attached in Annexure A.

The legal issues before the Court were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Act, and whether the undertakings provided by the Applicant would cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner was satisfied that the undertakings would not cause financial detriment to employees or result in substantial changes to the Agreement, and that all relevant requirements of the Act had been met.

The Commissioner approved the Agreement, which will operate from 29 February 2016 and has a nominal expiry date of 21 February 2020. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The Commissioner was satisfied that the Agreement met the requirements of the Act and was in the best interests of the employees.

Specialised Reline Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established