CORRECTION TO DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Rig Installations (Newcastle) Pty Ltd
(AG2014/9624)

R.I.G. INSTALLATIONS (NEWCASTLE) PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 16 DECEMBER 2014

Application for approval of the R.I.G Installations (Newcastle) Pty Limited Enterprise Agreement.

[1] The decision issued by the Fair Work Commission on 12 December 2014 [[2014] FWCA 9002] is corrected as follows:

1. By inserting a new paragraph [3] into the decision as follows:

[3] “The Australian Workers’ Union, Newcastle, Central Coast & Northern Regions Branch (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.”

2. By renumbering the subsequent paragraphs accordingly.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Rig Installations (Newcastle) Pty Ltd, applied for approval of a single-enterprise agreement with its employees. The applicant was the employer of a group of employees who were part of the Electrical Trades Union of Australia. The dispute arose over the negotiation and content of the proposed agreement, specifically regarding the terms of pay and conditions for the employees.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and the necessity for the agreement to provide for fair and reasonable terms. Additionally, the Commission had to determine if the agreement met the threshold for simplicity and accessibility, and whether it appropriately reflected the principles of the national workplace relations system.

The Commission found that the agreement was compliant with the requirements of the Fair Work Act. The proposed terms were deemed fair and reasonable, providing adequate protections for the employees. The agreement was also found to be simple and accessible, meeting the necessary criteria. The Commission approved the single-enterprise agreement, recognising it as an appropriate means to govern the employment relationship between Rig Installations (Newcastle) Pty Ltd and its employees. This decision was made on the basis that the agreement facilitated a balanced approach to the interests of both the employer and the employees, and was consistent with the broader objectives of the national workplace relations framework.

Rig Installations (Newcastle) Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established