Rain Bird (Australia) Pty Ltd
[2024] FWCA 2955
•12 AUGUST 2024
| [2024] FWCA 2955 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rain Bird (Australia) Pty Ltd
(AG2024/2839)
RAIN BIRD ENTERPRISE AGREEMENT 2024
| Water, sewerage and drainage services | |
| COMMISSIONER TRAN | MELBOURNE, 12 AUGUST 2024 |
Application for approval of the Rain Bird Enterprise Agreement 2024
Rain Bird (Australia) Pty Ltd has applied for approval of an enterprise agreement known as Rain Bird Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).
The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the Agreement.
The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 37A of the Clerks – Private Sector Award 2020 is taken to be a term of the Agreement. I observe that the Employer has also provided an undertaking that inserts the above workplace delegates’ rights term.
I note that Clause 37 is inconsistent with s 104(b) of the National Employment Standards as it is silent on the entitlement to compassionate leave in circumstances involving stillbirth. Given the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail.
Subject to the undertakings and other matters 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.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2024.
In accordance with Clause 4.1, the nominal expiry date of the Agreement is 11 August 2028.
COMMISSIONER
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Annexure A
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