Rangedale Drainage Services Pty Ltd

[2022] FWCA 2318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rangedale Drainage Services Pty Ltd

(AG2022/2228)

Rangedale Multi-Enterprise Agreement 2022 - 2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2022

Application for approval of the Rangedale Multi-Enterprise Agreement 2022 - 2024

Rangedale Drainage Services Pty Ltd has made an application for approval of an enterprise agreement known as the Rangedale Multi-Enterprise Agreement 2022 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). Despite its name, the Agreement is in fact a single enterprise agreement. Although the Agreement covers several employers, they are single interest employers within the meaning of s 172(5).

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 12 July 2022 and, in accordance with s 54, will operate from 19 July 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Rangedale Drainage Services Pty Ltd to have the Rangedale Multi-Enterprise Agreement 2022 - 2024 approved. The applicant sought approval from the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute was centred on whether the agreement met the criteria for approval as it pertained to the workers' wages, conditions, and other employment terms.

The legal issues before the Court were whether the agreement complied with the legislative requirements and whether it met the threshold for being considered a "better off overall test" for the employees. The applicant argued that the agreement was fair and balanced, while no opposing party contested the application. The Court was required to determine if the agreement appropriately covered the terms and conditions of employment, and whether it provided a safety net of minimum wages and conditions that were no less favourable than those provided by the relevant awards or registered agreements.

In delivering the decision, the Commission found that the Rangedale Multi-Enterprise Agreement 2022 - 2024 met all the statutory requirements for approval. The agreement provided for a comprehensive set of terms and conditions that were no less favourable than the applicable awards or other registered agreements. The Commission concluded that the agreement was fair and balanced, and it met the threshold for being considered a "better off overall test" for the employees. Consequently, the application for approval was successful. The Fair Work Commission approved the agreement, ensuring that it would govern the employment conditions of the workers involved for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established