DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Reo Civil Pty Ltd
(AG2017/2170)

TOTAL REO CIVIL PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2017

Application for approval of the Total Reo Civil Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Total Reo Civil 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 Total Reo Civil Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Total Reo Civil Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission heard the application, with Total Reo Civil Pty Ltd as the applicant and the Construction, Forestry, Maritime, Mining and Energy Union as the respondent. The primary legal issue was whether the enterprise agreement complied with the legislative requirements and was in the interests of the employees. The court had to assess whether the agreement was made in good faith, whether it covered the necessary terms, and whether it provided fair and reasonable outcomes for the employees.

The court found that the agreement met the requirements of the Fair Work Act. It was made in good faith, covered essential terms, and provided fair and reasonable outcomes for the employees. The agreement included provisions for wages, hours of work, leave, and dispute resolution mechanisms. The court determined that the agreement would not adversely affect the employees and was beneficial in promoting industrial peace and productivity. Consequently, the court approved the application for the Total Reo Civil Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission approved the application, allowing the enterprise agreement to take effect. The decision emphasised the importance of good faith bargaining and the need for agreements to provide fair and reasonable outcomes for employees. The court noted that the agreement would contribute to industrial harmony and productivity within the relevant industry. The approval of the agreement was seen as a positive step towards achieving better working conditions and protecting the rights of employees.

Total Reo Civil 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