DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rig Installations (Newcastle) Pty Ltd
(AG2017/1992)

R I G INSTALLATIONS (NEWCASTLE) PTY LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 22 JUNE 2017

Application for approval of the R I G Installations (Newcastle) Pty Limited Enterprise Agreement 2016.

[1] On 1 June 2017 Rig Installations (Newcastle) Pty Ltd (Applicant) made an application for approval of the R I G Installations (Newcastle) Pty Limited Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[1] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[2] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 29 June 2017. The nominal expiry date of the Agreement is 22 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Rig Installations (Newcastle) Pty Ltd for the approval of the R I G Installations (Newcastle) Pty Limited Enterprise Agreement 2016. The dispute centred around whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The applicant sought to ensure that the agreement was suitable for the workers it covered, as well as compliant with relevant labour laws and regulations.

The primary legal issues addressed by the court were whether the enterprise agreement provided adequate protections for employees, and if it complied with the procedural requirements stipulated by the Fair Work Act. These included ensuring that the agreement had been fairly negotiated, included appropriate dispute resolution processes, and provided for the protection of employees' rights and entitlements. The court also had to consider whether the agreement contained any provisions that could be deemed to be contrary to public policy or the spirit of the Act.

After reviewing the evidence and submissions from both parties, the court found that the enterprise agreement largely met the necessary legal standards. It was determined that the agreement was the product of genuine negotiations and included appropriate provisions for dispute resolution and the protection of employee rights. The court did not identify any clauses that contravened public policy or the spirit of the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the decision, the Fair Work Commission approved the R I G Installations (Newcastle) Pty Limited Enterprise Agreement 2016, affirming its compliance with the statutory requirements. The agreement was thus set to govern the employment terms and conditions for the relevant workers, subject to any subsequent modifications or disputes that might arise under the Act.

Rig Installations (Newcastle) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established