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

[2022] FWCA 238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2021/9194)

R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 28 JANUARY 2022

Application for approval of the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R.I.G. Installations (Newcastle) Pty Limited. The Agreement is a single enterprise agreement.

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 “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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2022. The nominal expiry date of the Agreement is 27 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of R.I.G. Installations (Newcastle) Pty Limited was heard in relation to the application for approval of the R.I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2021. The applicant, R.I.G. Installations (Newcastle) Pty Limited, sought approval of the agreement which would govern the terms and conditions of employment for their employees. The dispute centred around the fairness and appropriateness of the terms outlined in the proposed agreement.

The legal issues before the court included whether the agreement met the criteria for approval under the Fair Work Act 2009, including the requirement that it must not predetermine the outcome of a dispute. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it allowed for genuine bargaining between the parties. Another issue was whether the agreement adequately protected the rights of employees, particularly those who might be disadvantaged or vulnerable.

The court examined the proposed agreement in detail, taking into account submissions from both the applicant and the employees' representatives. The court found that the agreement was fair and reasonable, and met all the statutory requirements for approval. The agreement provided for a transparent and structured process for resolving disputes, and adequately protected the rights of employees. The court was satisfied that the agreement had been genuinely bargained and was in the best interests of all parties involved. The application for approval of the R..I.G. Installations (Newcastle) Pty Limited Enterprise Agreement 2021 was therefore approved.

The final orders of the court included the approval of the enterprise agreement, which would now govern the employment terms and conditions for the employees of R.I.G. Installations (Newcastle) Pty Limited. The court emphasised the importance of ensuring that such agreements were fair, reasonable, and genuinely bargained, and that they adequately protected the rights of employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established