R.G.I. Installations (Newcastle) Pty Limited

[2019] FWCA 618

[2019] FWCA 618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R.G.I. Installations (Newcastle) Pty Limited
(AG2018/7278)

R.I.G. INSTALLATIONS (NEWCASTLE) PTY LIMITED ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the R.I.G. Installations (Newcastle) Pty Limited 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 R.G.I. Installations (Newcastle) Pty Limited. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clauses 11.3 – Causal Employment

•  Clause 19.1(ii) – Annual leave

However, noting clause 7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

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