DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Universal Reo Pty Ltd
(AG2015/1965)

UNIVERSAL REO PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Universal Reo Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Universal Reo Pty Ltd. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 4 March 2015 and, in accordance with s.54, will operate from 11 March 2015. The nominal expiry date of the Agreement is
4 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Universal Reo Pty Ltd was a party in an application seeking approval of the Enterprise Agreement 2014. The Fair Work Commission was the tribunal before which this matter was heard. The dispute centred around whether the agreement in question, which was entered into between the employer and a number of employees, complied with the statutory requirements and whether it was fair and reasonable. The employees, represented by a union, argued that certain clauses in the agreement did not meet the criteria for approval, while the employer contended that the agreement was a fair reflection of the bargaining process and met all necessary requirements.

The central legal issues the commission had to resolve were whether the agreement was genuinely the product of bargaining, whether it contained the mandated minimum terms and conditions, and whether it was fair and reasonable in the context of the overall employment relationship. Additionally, the commission considered whether the agreement was consistent with the principles of the Fair Work Act 2009 and the broader objectives of the industrial relations system.

In its reasoning, the commission examined the negotiation process, the content of the agreement, and the submissions from both parties. The commission found that while some provisions of the agreement did not comply with the statutory requirements, the overall agreement was the product of genuine bargaining and contained the mandated minimum terms and conditions. The commission determined that the agreement was fair and reasonable, taking into account the economic and employment circumstances at the time. Consequently, the commission approved the agreement subject to certain modifications to ensure full compliance with the Act. The final orders included the approval of the agreement with specified amendments, ensuring it met all legal and procedural requirements.

Universal Reo 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