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

[2025] FWCA 1103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2025/764)

R.I.G. INSTALLATIONS (NEWCASTLE) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 2 APRIL 2025

Application for approval of the R.I.G Installations (Newcastle) Pty Limited Enterprise Agreement 2025

An application has been made by R.I.G. Installations (Newcastle) Pty. Ltd. (Applicant) for approval of an enterprise agreement known as the R.I.G. Installations (Newcastle) Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the information contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Australian Manufacturing Workers Union (AMWU) was a bargaining representative for the Agreement. It supports the application for approval. The union has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement was approved on 2 April 2025. Clause 4 of the Agreement fixes the operative date of the Agreement as “the first pay period to commence on or after 7 days following the date of approval of the Agreement by Fair Work Commission”. The nominal expiry date of the Agreement is, in accordance with clause 4 of the Agreement, three years from the date of this decision. The nominal expiry date is therefore 1 April 2028.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

R.I.G. Installations (Newcastle) Pty Limited applied for approval of the R.I.G Installations (Newcastle) Pty Limited Enterprise Agreement 2025, a dispute which was heard by the Fair Work Commission. The applicant company sought approval for the agreement which governs the employment terms of its employees. The dispute centred around the specific conditions outlined in the agreement, including wages, working hours, leave entitlements, and other employment-related matters.

The legal issues before the court were whether the terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement provided for a safety net of minimum entitlements, allowed for genuine bargaining, and met the criteria for being a 'better off overall test'. The court had to determine whether the agreement was fairly negotiated and if it provided for terms and conditions that were no less favourable than the applicable awards or registered agreements.

The Fair Work Commission found that the R.I.G Installations (Newcastle) Pty Limited Enterprise Agreement 2025 met the necessary legislative requirements. The Commission considered the evidence provided by both the applicant and the employees' representatives, and concluded that the agreement was the result of genuine bargaining and provided for a safety net of minimum entitlements. The agreement was also found to be better off overall for the employees, satisfying the criteria for approval. Consequently, the Commission approved the enterprise agreement.

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