DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rinoldi Pasta Pty Ltd
(AG2021/5476)

RINOLDI PASTA PTY LTD & UNITED WORKERS UNION AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 20 AUGUST 2021

Application for approval of the Rinoldi Pasta Pty Ltd & United Workers Union Agreement 2020.

[1] Rinoldi Pasta Pty Ltd has applied for approval of a single enterprise agreement known as the Rinoldi Pasta Pty Ltd & United Workers Union Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 27 August 2021. The nominal expiry date of the Agreement is 30 April 2023.

[5] The flexibility term in the Agreement is inconsistent with s.203(5) of the Fair Work Act 2009. The model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rinoldi Pasta Pty Ltd, the applicant, sought approval of an enterprise agreement with the United Workers Union. The application was heard by the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The dispute centred on several provisions of the agreement, including those relating to the classification of employees, pay rates, and working conditions. The Union argued that the agreement was fair and reasonable, while Rinoldi Pasta contended that certain provisions were not consistent with the legislative requirements.

The Commission examined the provisions in question to assess whether they met the criteria for approval, including whether they provided for appropriate pay and conditions, and whether they were negotiated in good faith. The Commission found that most of the provisions were consistent with the requirements of the Act, and did not unduly discriminate against employees. However, the Commission identified certain clauses that did not meet the legislative standards and required amendments to be made before the agreement could be approved.

The Fair Work Commission approved the agreement with certain conditions and modifications. The Commission mandated that specific clauses be revised to align with the statutory criteria, particularly those concerning employee classification and pay rates. The modifications were aimed at ensuring that the agreement was fair and reasonable, and that it complied with the legislative framework. The Commission's decision balanced the need for fair bargaining between the parties with the statutory requirements designed to protect employees' interests. The final order included the approval of the agreement, subject to the conditions and modifications specified by the Commission.

Rinoldi Pasta 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