Rhino The Wrecker Pty Ltd Trading AS Rhino the Wrecker

[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

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).

The Agreement is a single enterprise agreement

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

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.

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.

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.

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

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Rhino the Wrecker Pty Ltd, trading as Rhino the Wrecker, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was intended to cover its employees and was a subject of dispute between the company and the United Voice union. The case was heard by the Fair Work Commission.

The primary legal issue before the commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement contained all the prescribed terms and conditions, and if it was made in good faith and without coercion. The commission also needed to consider if the agreement provided for fair and reasonable terms and conditions of employment.

The commission found that the agreement met all the necessary requirements under the Fair Work Act. It contained all the prescribed terms and conditions, was made in good faith, and without coercion. The commission also found that the agreement provided for fair and reasonable terms and conditions of employment. The commission was satisfied that the agreement was in the best interests of the employees and the company. Accordingly, the commission approved the agreement.

The Fair Work Commission approved the enterprise agreement and registered it under the Fair Work Act. The agreement is now legally binding on the company and its employees. The commission's decision is final and binding, and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established