DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rhino the Wreckers Pty Ltd T/A Rhino the Wrecker
(AG2021/5802)

RHINO THE WRECKER PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 8 JULY 2021

Application for approval of the Rhino the Wrecker Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Rhino the Wrecker Pty Ltd Enterprise Agreement 2021 (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 Wreckers Pty Ltd T/A Rhino the Wrecker. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] Clause 29.10 of the Agreement references Clause 29 in relation to penalty rates. This is a typographical error and should reference Clause 30.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2021. The nominal expiry date of the Agreement is 8 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rhino the Wreckers Pty Ltd, trading as Rhino the Wrecker, applied to the Fair Work Commission for approval of their 2021 Enterprise Agreement. The application involved the Fair Work Commission's role in approving enterprise agreements that meet certain statutory requirements. The parties involved were the company and its employees, represented by trade unions. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009, specifically regarding the provisions on minimum wages, penalty rates, and other employment conditions.

The legal issues the court had to address included whether the agreement met the criteria for "better off overall" as required by the Fair Work Act, and if the agreement appropriately balanced the interests of the employees and the employer. The court also had to consider if the agreement contained all the mandatory terms and conditions as stipulated by the Act and whether any provisions were unfair. Furthermore, the court examined whether the agreement had been genuinely negotiated and if the required procedural steps were followed.

In its decision, the court found that the agreement was indeed "better off overall" for the majority of employees, as it provided increases in wages and improved conditions. The court held that the agreement complied with all statutory requirements, including the inclusion of mandatory terms and the adherence to procedural fairness. The court was satisfied that the negotiation process was genuine, and the agreement was not unfair. Therefore, the court approved the enterprise agreement, confirming its compliance with the Fair Work Act.

Rhino the Wreckers Pty Ltd T/A Rhino the Wrecker

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established