Ridgebay Holdings Pty Ltd Summary

[2024] FWCA 1521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ridgebay Holdings Pty Ltd

(AG2024/1247)

RIDGEBAY HOLDINGS KARRATHA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 24 APRIL 2024

Application for approval of the Ridgebay Holdings Karratha Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ridgebay Holdings Karratha Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ridgebay Holdings Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 June 2023 and the Agreement was made on 8 April 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (the AMWU) and the Australian Workers' Union (the AWU), who were bargaining agents, did not express any views as to whether the Agreement passes the BOOT. The Construction, Forestry and Maritime Employees Union (the CFMEU) who were a bargaining agent, expressed the view that the Agreement passes the BOOT.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (the AMWU), the Australian Workers' Union (the AWU) and the Construction, Forestry and Maritime Employees Union (the CFMEU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, the AWU and the CFMEU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2024. The nominal expiry date of the Agreement is 24 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ridgebay Holdings Pty Ltd applied for the approval of the Karratha Enterprise Agreement 2024, which was to cover employees working in the Karratha area. The application was heard in the Fair Work Commission, where the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was opposed by a union, which argued that the agreement failed to comply with various provisions of the Act, including those relating to minimum entitlements and the process for making the agreement.

The legal issues before the Commission included whether the agreement provided for the minimum entitlements required by law, whether it was made in accordance with the relevant procedural requirements, and whether it contained any provisions that were contrary to public policy. The Commission examined the agreement clause by clause, considering submissions from both Ridgebay Holdings and the union. It also assessed whether the agreement was made in good faith and whether the process for its making was fair.

After a thorough review, the Commission found that the Karratha Enterprise Agreement 2024 complied with the requirements of the Fair Work Act. The agreement provided for all necessary minimum entitlements and was made in accordance with the statutory process. The Commission also concluded that the agreement did not contain any provisions that were contrary to public policy. Consequently, the application for approval was granted. The Commission certified the agreement, which will now apply to the employees covered by it.

The Fair Work Commission approved the Ridgebay Holdings Karratha Enterprise Agreement 2024. The agreement is now certified and will apply to the relevant employees. The union's objections were dismissed, and the application for approval was successful.

Ridgebay Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established