DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WA Reinforcing Group Pty Ltd
(AG2018/6749)

WA REINFORCING GROUP PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MAY 2019

Application for approval of the WA Reinforcing Group Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the WA Reinforcing Group Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WA Reinforcing Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 31 May 2019. The nominal expiry date of the Agreement is 23 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the WA Reinforcing Group Pty Ltd Enterprise Agreement 2018. The applicant, WA Reinforcing Group Pty Ltd, sought to have the agreement recognised and enforced under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and whether it provided for minimum terms and conditions of employment.

The key legal issues that the Fair Work Commission had to decide included whether the agreement was made in good faith, whether it provided for the minimum terms and conditions as required by the Act, and if the agreement contained any provisions that were contrary to public policy or contrary to the principles of the Act. Additionally, the Commission considered whether the agreement met the procedural requirements such as proper notification and opportunity for employee representation.

In its decision, the Fair Work Commission found that the WA Reinforcing Group Pty Ltd Enterprise Agreement 2018 was made in good faith and contained all the required minimum terms and conditions. The Commission noted that there was evidence of extensive bargaining between the parties and that the agreement provided for fair and reasonable terms and conditions. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or the Act, and that all procedural requirements had been met. As a result, the Commission approved the agreement and ordered that it be registered and enforced under the Fair Work Act 2009.

WA Reinforcing Group 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