Rhino the Wreckers Pty Ltd T/A Rhino the Wrecker

Case [2016] FWCA 7802


[2016] FWCA 7802
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Rhino the Wreckers Pty Ltd T/A Rhino the Wrecker
(AG2016/6506)

RHINO THE WRECKER PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 27 OCTOBER 2016

Application for approval of the Rhino the Wrecker Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rhino the Wrecker Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rhino the Wrecker Pty Ltd T/As Rhino the Wrecker. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 November 2016. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

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Details
AGLC
Rhino the Wreckers Pty Ltd T/A Rhino the Wrecker [2016] FWCA 7802
Case
[2016] FWCA 7802
Decision Date

CaseChat Overview and Summary

Rhino the Wreckers Pty Ltd, trading as Rhino the Wrecker, applied for the approval of their Enterprise Agreement 2016. The application was made to the Fair Work Commission, which is tasked with regulating industrial relations in Australia. The dispute involved the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other employment-related matters.

The legal issues that the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The Commission also needed to determine whether the agreement had been made in good faith and whether it provided for proper processes for resolving disputes between the parties. These considerations are crucial in ensuring that the agreement is fair and equitable for all parties involved.

In reaching its decision, the Commission considered the submissions from both the employer and the employees' representatives, as well as the provisions of the Fair Work Act. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement provided for proper processes for resolving disputes between the parties. Based on these findings, the Commission approved the Enterprise Agreement 2016.

The Fair Work Commission approved the Rhino the Wreckers Pty Ltd Enterprise Agreement 2016, finding it to be fair and reasonable for the employees and made in good faith. This decision ensures that the agreement will govern the employment terms and conditions for the workers covered by the agreement, providing a framework for their working relationship with their employer.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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