Total Reo Civil Pty Ltd Summary

[2014] FWCA 2388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Reo Civil Pty Ltd
(AG2014/4126)

TOTAL REO CIVIL PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 28 APRIL 2014

Application for approval of the Total Reo Civil Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Total Reo Civil Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Total Reo Civil Pty Ltd is a civil construction company, and the Construction, Forestry, Maritime, Mining and Energy Union is a trade union representing workers within the company. The union applied to the Fair Work Commission for approval of an enterprise agreement between the union and the company. The company opposed the application, arguing that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement complied with the Act and, if it did, to approve it.

The key legal issue was whether the agreement complied with section 235 of the Act, which sets out the process for making an enterprise agreement. The union argued that the agreement was validly made, while the company argued that it was not. The union submitted that the agreement was made in accordance with the Act, and that the company had not provided sufficient evidence to show otherwise. The company submitted that the agreement was not valid because it had not been approved by a majority of the relevant employees.

The Fair Work Commission found that the agreement was validly made and approved it. The Commission found that the union had followed the process set out in the Act for making the agreement, and that the company had not provided sufficient evidence to show otherwise. The Commission noted that the company had not challenged the validity of the agreement until after it had been made, and that it was not entitled to do so. The Commission also found that the agreement complied with the other relevant provisions of the Act.

The Fair Work Commission approved the Total Reo Civil Pty Ltd Enterprise Agreement 2014. The Commission found that the agreement was validly made and that it complied with the relevant provisions of the Act. The Commission noted that the company had not provided sufficient evidence to show that the agreement was not valid, and that it was not entitled to challenge the validity of the agreement after it had been made. The Commission approved the agreement, which will now apply to the employees of the company.

Total Reo Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established