DECISION

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

Rintoul Pty Limited
(AG2015/4252)

RINTOUL PTY LIMITED (WORKSHOP) ENTERPRISE AGREEMENT 2014 - 2018

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 AUGUST 2015

Application for approval of the Rintoul Pty Limited (Workshop) Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rintoul Pty Limited (Workshop) Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 25 August 2015. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Rintoul Pty Limited for approval of their Enterprise Agreement 2014-2018. The agreement was submitted by the company for consideration under the Fair Work Act 2009. The dispute arose from the company's claim that the proposed agreement met the criteria for direct registration, as it contained no unfair content and satisfied all legal prerequisites for approval.

The primary legal issues the Commission had to address were whether the Enterprise Agreement met the direct registration criteria as stipulated by the Fair Work Act, and if it contained any provisions that were unfair or not in compliance with the Act. The Commission also needed to consider the fairness of the agreement in terms of its impact on employees and the balance between the rights and interests of employers and employees.

The Fair Work Commission determined that the proposed Enterprise Agreement did not meet the direct registration criteria, as certain provisions were found to be unfair. The Commission identified that the agreement contained clauses that did not comply with the Act, specifically in terms of the conditions and entitlements provided to employees. The Commission found these provisions to be contrary to the principles of procedural fairness and did not strike an appropriate balance between the rights of employers and employees. Consequently, the application for approval was dismissed, and the agreement was not registered. The company was directed to address the identified issues and resubmit the agreement for consideration.

Rintoul Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established