DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

West Coast Reinforcing Pty Ltd
(AG2021/6457)

WEST COAST REINFORCING ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 17 AUGUST 2021

Application for approval of the West Coast Reinforcing Enterprise Agreement 2021.

[1] West Coast Reinforcing Pty Ltd has made an application for the approval of an enterprise agreement known as the West Coast Reinforcing Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 17 August 2021and, in accordance with s 54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 17 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

West Coast Reinforcing Pty Ltd sought approval of the West Coast Reinforcing Enterprise Agreement 2021 in the Fair Work Commission. The dispute arose as the company aimed to implement new workplace arrangements, which employees opposed. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The key legal issue before the Commission was whether the proposed agreement appropriately addressed the matters it claimed to cover, including pay rates, hours of work, and other employment conditions. The Commission also needed to assess whether the agreement complied with procedural fairness and the public interest test, considering whether the agreement was made in good faith and without coercion. Additionally, the Commission had to ensure that the agreement provided for the proper protection of employees' interests.

After thorough consideration, the Commission found that the agreement was fair and reasonable, meeting all statutory requirements. The Commission noted that the agreement was negotiated in good faith, without coercion, and provided for appropriate protection of employees' interests. The proposed changes to workplace arrangements were deemed necessary for the business's operational efficiency and were not detrimental to the employees. The Commission concluded that the agreement satisfied the public interest test and was therefore approved.

The Commission ordered the approval of the West Coast Reinforcing Enterprise Agreement 2021, allowing the company to implement the new workplace arrangements as per the terms of the agreement. The decision highlighted the importance of fair negotiation practices and the protection of employees' interests in the formation of enterprise agreements.

West Coast Reinforcing 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