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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, R.G.I. Installations (Newcastle) Pty Limited sought approval for the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2018. The applicant, a company operating in the electrical installation industry, argued that the agreement contained appropriate terms and conditions to facilitate fair and efficient operations. The dispute arose as the applicant sought to have the agreement approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the 'better off overall test' and was 'freely and genuinely' agreed upon by the parties. This test ensures that employees are not worse off financially and that the agreement was reached without any form of coercion. The Commission also needed to assess if the agreement complied with the applicable provisions of the Fair Work Act and the National Employment Standards.

The Commission found that the agreement met the better off overall test, as it provided employees with terms and conditions that were at least as favourable as the applicable awards or other agreements. The Commission noted that the agreement included provisions for wage increases, improved leave entitlements, and additional benefits, which collectively made the employees better off. Furthermore, the Commission was satisfied that the agreement was genuinely and voluntarily entered into by both parties, as evidenced by the negotiation process and the absence of any undue pressure or coercion.

The Fair Work Commission approved the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2018, deeming it to meet the statutory requirements under the Fair Work Act. The decision was made on the basis that the agreement was fairly negotiated and provided employees with improved terms and conditions, thus passing the better off overall test. The Commission's approval ensures that the agreement can be implemented, providing a stable framework for industrial relations within the company.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established