DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ri-Industries Developments Pty Ltd T/A Ri-Industries
(AG2021/4015)

RI-INDUSTRIES ENTERPRISE BARGAINING AGREEMENT 2021-2025

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 23 MARCH 2021

Application for approval of the Ri-Industries Enterprise Bargaining Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Ri-Industries Enterprise Bargaining Agreement 2021-2025 (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.

[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] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2021. The nominal expiry date of the Agreement is 22 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ri-Industries Developments Pty Ltd, trading as Ri-Industries, applied for approval of the Ri-Industries Enterprise Bargaining Agreement 2021-2025 before the Fair Work Commission (FWC). The application sought to have the agreement, which was negotiated with the Electrical Trades Union of Australia, registered as a modern award to cover employees within the company. The nature of the dispute centred on whether the terms and conditions outlined in the agreement met the statutory requirements under the Fair Work Act 2009 and aligned with the principles of the Fair Work System.

The legal issues before the FWC involved determining whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the FWC had to consider whether the bargaining process was conducted in good faith and whether the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the FWC had to assess if the agreement met the criteria for registration as a modern award, including its fairness to all parties involved and its compliance with the public interest.

In reaching its decision, the FWC examined the bargaining process and found that it was conducted in good faith. The FWC also considered the substantive provisions of the agreement, noting that the terms and conditions were fair and reasonable. The FWC concluded that the agreement met all necessary statutory requirements and was in the best interests of the employees and the employer. Consequently, the FWC approved the Ri-Industries Enterprise Bargaining Agreement 2021-2025 and ordered its registration as a modern award, effective from the date of the decision.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established