National Union of Workers

[2014] FWCA 6327

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

National Union of Workers

(AG2014/7406)

RINOLDI PASTA PTY LTD & NATIONAL UNION OF WORKERS

CERTIFIED AGREEMENT 2014

Food, beverages and tobacco manufacturing industry

COMMISSIONER BLAIR

MELBOURNE, 11 SEPTEMBER 2014

Application for approval of the Rinoldi Pasta Pty Ltd & National Union of Workers Certified
Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Rinoldi Pasta Pty Ltd & National Union of Workers Certified 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 the National Union of Workers (NUW).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are

relevant to this application for approval, have been met.

[3] The NUW, being the bargaining representative for the Agreement, has given notice

under s.183 of the Act that they want the Agreement to cover them. In accordance with
s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

18 September 2014. The nominal expiry date of the Agreement is 30 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Union of Workers v Rinoldi Pasta Pty Ltd, the Fair Work Commission was asked to approve the Rinoldi Pasta Pty Ltd & National Union of Workers Certified Agreement 2014. The application for approval was made by the National Union of Workers under section 185 of the Fair Work Act 2009. The central issue before Commissioner Blair was whether the agreement met all the necessary requirements for approval as stipulated in sections 186, 187, and 188 of the Act.

The Commission found that all the statutory requirements for approval were satisfied. The National Union of Workers, as the bargaining representative, had duly given notice under section 183 of the Act that they wished for the agreement to cover them. The agreement was also noted to cover the organisation in accordance with section 201(2) of the Act. The Commissioner concluded that the application for approval met all the relevant criteria and that the agreement could proceed to be approved.

As a result, the Rinoldi Pasta Pty Ltd & National Union of Workers Certified Agreement 2014 was approved by the Fair Work Commission. The agreement will operate from 18 September 2014, with a nominal expiry date of 30 April 2017, in accordance with section 54 of the Act. The Commission's decision ensures that the agreement is legally binding and will govern the terms and conditions of employment for the relevant parties for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established