Ranieri Group Pty Ltd

[2024] FWCA 1856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ranieri Group Pty Ltd

(AG2024/1503)

RANIERI GROUP PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 21 MAY 2024

Application for approval of the Ranieri Group Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

Ranieri Group Pty Ltd has applied for approval of an enterprise agreement known as the Ranieri Group Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I note that the following clauses may be inconsistent with the National Employment Standards:

- Clause 5.1(b) – Annual Leave as it expresses annual leave as 20 days, which is inconsistent with s 87(1) of the Act which specifies annual leave in weeks; and

- Clause 5.5(b) – Compassionate Leave as it is silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

As the Agreement contains a National Employment Standards precedence clause at Clause 1.5(c), I am satisfied that the more beneficial entitlements of the NES will prevail.

Subject to the above matters, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 May 2024.

In accordance with clause 1.6(a) of the Agreement, the nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Ranieri Group Pty Ltd / CFMEU South Australia Enterprise Agreement 2023. The applicant, Ranieri Group Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The respondent, CFMEU South Australia, opposed the application on the grounds that the agreement failed to meet certain legal requirements.

The primary legal issues before the Commission were whether the agreement complied with the formal and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was certified by an independent certifier, if it was free from prohibited content, and if it met the public interest test. The Commission also needed to consider if the agreement provided for fair and reasonable terms and conditions for employees.

In making its decision, the Commission noted that the agreement was certified by an independent certifier and was free from prohibited content. The Commission also found that the agreement met the public interest test, as it was likely to contribute to the economic and social well-being of Australia. Furthermore, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included clarifying the scope of the agreement, ensuring that the agreement provided for minimum wage rates and conditions, and removing certain provisions that were deemed to be in breach of the Act. The Commission also noted that the agreement provided for a fair and reasonable dispute resolution process, which was in line with the principles of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established