DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Reinforcing Pty Ltd
(AG2016/1285)

WEST COAST REINFORCING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the West Coast Reinforcing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the West Coast Reinforcing Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by West Coast Reinforcing Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 20 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved West Coast Reinforcing Pty Ltd and its employees, represented by a union. The dispute was about the approval of an enterprise agreement. The matter was heard in the Fair Work Commission. The union sought to have the enterprise agreement approved, while the employer raised concerns about certain provisions, particularly those concerning shift penalties.

The primary legal issue before the Commission was whether the enterprise agreement, as proposed, complied with the requirements of the Fair Work Act 2009. This included examining whether the agreement met the criteria for being a "better off overall test" (BOOT) and if the shift penalties were reasonable and fair. The Commission had to balance the interests of both the employer and the employees, ensuring that the agreement was fair and did not overly disadvantage either party.

In its decision, the Commission carefully considered the evidence presented by both sides. It determined that the majority of the agreement met the BOOT requirements, providing adequate protections and benefits for the employees. However, the Commission found that the proposed shift penalties were excessive and did not adequately reflect the nature of the work and the need for flexibility. Consequently, the Commission modified the shift penalty provisions to ensure they were fair and reasonable. The rest of the agreement was approved as presented.

The Fair Work Commission approved the enterprise agreement, subject to the modified shift penalty provisions. The union and the employer were directed to implement the agreement in accordance with the Commission's decision.

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