DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Rangedale Drainage Services Pty Ltd
(AG2019/836)

RANGEDALE MULTI-ENTERPRISE AGREEMENT 2019 - 2021

Plumbing industry
COMMISSIONER SPENCER	BRISBANE, 20 AUGUST 2019

Application for approval of the Rangedale Multi-Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rangedale Multi-Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rangedale Drainage Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant’s Application for approval of an enterprise agreement (Form F16) indicated that the agreement was to be approved as a multi-enterprise agreement. Upon further enquiry by the Commission, the Applicant indicated that the employers to be covered by the Agreement are all owned by the same holding company and therefore are related bodies corporate under s.50 of the Corporations Act 2001. As the employers are related bodies corporate, s.172(5) of the Act provides that they are single interest employers and therefore the Agreement should be approved as a single-enterprise agreement. The Applicant provided an amended Form F16 identifying that approval is sought for a single-enterprise agreement. I am satisfied that the correction should be made and that is appropriate to do so pursuant to s.586 of the Act.

[3] I note that the employer’s statutory declaration in support of the application for approval of an enterprise agreement (F17) indicates that two of the three employers were included on the Notice of Employee Representation Rights (NERR) but the third, Rangedale Resources Pty Ltd, was not. The Applicant provided further information indicating that Rangedale Resources Pty Ltd was not incorporated at the time the NERR was issued however all employees now employed by the employer were employed with either of the two other employers at the time the NERR was issued and therefore received that notice. I also note that the NERR referred to Rangedale Civil Services Pty Ltd rather than Rangedale Civil Pty Ltd. I refer to s.188(2) of the Act and am satisfied that these errors constitute minor procedural errors, and that employees covered by this Agreement are not likely to be disadvantaged as a result of this error. 1

[4] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rangedale Drainage Services Pty Ltd applied for the approval of the Rangedale Multi-Enterprise Agreement 2019-2021. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the proposed terms of employment within the agreement, including wages, hours, and other conditions for employees within the drainage services industry. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including the public interest test.

The primary legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms for employees and whether it satisfied the public interest test. The Commission considered the fairness of the agreement's terms, the bargaining power of the parties, and the impact of the agreement on the broader workforce. The CFMEU argued that the proposed agreement did not adequately protect employees' rights and interests, particularly in relation to wages and working conditions.

After considering the evidence and submissions from both parties, the Commission found that the proposed agreement met the criteria for approval. The Commission determined that the agreement provided fair and reasonable terms for employees, taking into account the bargaining power of the parties and the specific circumstances of the drainage services industry. The Commission also found that the agreement satisfied the public interest test, as it promoted economic efficiency and did not have an adverse impact on the broader workforce. The application for approval of the Rangedale Multi-Enterprise Agreement 2019-2021 was therefore approved.

The Commission issued orders approving the agreement, which will now be binding on the parties and their employees. The agreement provides for a three-year period, with provisions for wage increases and other employment conditions. The CFMEU was granted leave to appeal the decision within 21 days.

Rangedale Drainage Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established