Rhino The Wrecker Pty Ltd Trading AS Rhino the Wrecker

Case

[2025] FWCA 2752

18 AUGUST 2025


[2025] FWCA 2752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rhino The Wrecker Pty Ltd Trading AS Rhino the Wrecker

(AG2025/2445)

RHINO THE WRECKER PTY LTD ENTERPRISE AGREEMENT 2025

Building services

COMMISSIONER TRAN

MELBOURNE, 18 AUGUST 2025

Application for approval of the Rhino the Wrecker Pty Ltd Enterprise Agreement 2025

  1. Rhino The Wrecker (ABN: 70 051 213 917) has applied for approval of an enterprise agreement known as the Rhino the Wrecker Pty Ltd Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

  1. The Agreement is a single enterprise agreement

  1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

    ·   Clause 11 – regarding abandonment of employment

    ·   Clause 10.3 – regarding termination

  1. Clause 4.3 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Employer has provided written undertakings. 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.

  1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 August 2025.

  1. In accordance with clause 3, the nominal expiry date of the Agreement is 18 August 2029.

COMMISSIONER

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<AE530104  PR790792>

ANNEXURE A

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