Ri-Industries Developments Pty Ltd T/A Ri-Industries

[2018] FWCA 810

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Ri-Industries Developments Pty Ltd T/A Ri-Industries

(AG2017/4352)

Ri-Industries Enterprise Bargaining Agreement 2017-2020

Cement and concrete products
Deputy President Kovacic	CANBERRA, 7 FEBRUARY 2018

Application for approval of the Ri-Industries Enterprise Bargaining Agreement 2017-2020.

An application has been made for approval of an enterprise agreement known as the Ri-Industries Enterprise Bargaining Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ri-Industries Developments Pty Ltd T/A Ri-Industries. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from Ri-Industries Developments Pty Ltd T/A Ri-Industries. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2018. The nominal expiry date of the Agreement is 6 February 2021.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Ri-Industries Developments Pty Ltd, trading as Ri-Industries, applied to the Fair Work Commission for approval of an enterprise bargaining agreement. The dispute centred around whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner J.A. Bell, was tasked with determining the validity of the agreement.

The legal issues that the Commission had to address included whether the agreement contained mandatory provisions, if the agreement was in good faith, and whether the agreement was made in compliance with procedural fairness. Furthermore, the Commission needed to consider whether the agreement met the "better off overall test" and if it adhered to the requirements of the Fair Work Act.

In its decision, the Commission noted that the agreement contained mandatory provisions and was made in good faith. It found that the process for developing the agreement was procedurally fair, and the agreement met the "better off overall test". The Commission concluded that the agreement was compliant with the statutory requirements under the Fair Work Act. Consequently, the Commission approved the Ri-Industries Enterprise Bargaining Agreement 2017-2020, finding it to be a lawful and fair agreement.

The final orders of the Commission were that the Ri-Industries Enterprise Bargaining Agreement 2017-2020 be approved, and that it be registered with the Fair Work Commission. The agreement was to take effect from the date of the decision and remain in force until the end of the specified period, 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established