Rain Bird (Australia) Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Rain Bird (Australia) Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under section 233 of the Fair Work Act 2009. The enterprise agreement in question is the Rain Bird Enterprise Agreement 2024. The agreement affects employees who are part of the relevant bargaining unit, and the application was made on the basis that the agreement had been made in good faith and complied with all relevant provisions of the Act.

The key legal issues before the Commission were whether the enterprise agreement had been made in good faith and whether it complied with all provisions of the Fair Work Act. The Commission needed to consider if the agreement met the criteria for good faith bargaining, including whether it was made without coercion, undue influence, or unfair tactics, and whether it covered the appropriate bargaining unit. The Commission also had to ensure that the agreement complied with the provisions of the Fair Work Act, including the provisions relating to minimum entitlements, unfair dismissal, and other workplace standards.

The Commission found that the enterprise agreement had been made in good faith and complied with all provisions of the Fair Work Act. The Commission noted that the agreement had been negotiated over a period of time, with both parties engaging in good faith bargaining. The Commission also found that the agreement covered the appropriate bargaining unit and that it complied with all relevant provisions of the Act, including those relating to minimum entitlements, unfair dismissal, and other workplace standards. The Commission approved the enterprise agreement, finding that it met all the necessary criteria and would provide a fair and reasonable outcome for both parties.

The final orders of the Commission were that the Rain Bird Enterprise Agreement 2024 be approved as a registered agreement under section 173 of the Fair Work Act. The agreement will now be registered by the Commission and will be in effect from the date of registration. The orders also provided that the agreement would be binding on all employees who were part of the relevant bargaining unit, and on the employer. The employer and employees are now bound by the terms of the agreement, and any disputes relating to the agreement will be resolved in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established