Rangedale Drainage Services Pty Ltd

[2019] FWCA 5791

[2019] FWCA 5791

FAIR WORK COMMISSION

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.

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