DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/2735)

RINOLDI PASTA PTY LTD & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the Rinoldi Pasta Pty Ltd & National Union of Workers Certified Agreement2017.

[1] An application has been made for approval of an enterprise agreement known as the Rinoldi Pasta Pty Ltd & National Union of Workers Certified Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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] 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] National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the National Union of Workers for the approval of the Rinoldi Pasta Pty Ltd & National Union of Workers Certified Agreement 2017. The union sought certification of the agreement as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission centred on whether the agreement met the statutory requirements for registration, including whether the agreement was a genuine enterprise agreement and whether the union had sufficient membership and representation in the relevant bargaining unit.

The Commission considered whether the agreement was a genuine enterprise agreement, taking into account the process by which it was negotiated, and the extent to which it was supported by the employees in the bargaining unit. The Commission found that the agreement was genuinely negotiated and that it had been supported by a majority of employees in the relevant bargaining unit. The Commission also considered whether the union had sufficient membership and representation in the bargaining unit, and found that the union had demonstrated sufficient membership and representation to meet the statutory requirements. Having considered these issues, the Commission determined that the agreement met the statutory requirements for registration and approved the agreement as a registered agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established