DECISION

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

Rintoul Pty Limited
(AG2014/10489)

RINTOUL PTY LIMITED (SITE) ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 MARCH 2015

Application for approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2014-2018.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 3 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Rintoul Pty Limited, the Fair Work Commission considered an application for the approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2014-2018. The application was brought by the employer, Rintoul Pty Limited, seeking approval of the enterprise agreement which outlined the terms and conditions of employment for the employees covered by the agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the enterprise agreement complied with the statutory requirements for approval, particularly whether it was made in good faith and whether it provided for the proper operation of the enterprise. Additionally, the court had to consider whether the agreement appropriately addressed the interests of the employees, including their right to be represented by a union or other employee representatives.

The Fair Work Commission found that the enterprise agreement was made in good faith and provided for the proper operation of the enterprise. The court emphasised that the agreement contained detailed provisions addressing wages, hours of work, and other employment conditions, and that it was negotiated with genuine intent to reach a fair and reasonable outcome. Furthermore, the agreement provided mechanisms for employee representation and dispute resolution, which were deemed sufficient to meet the requirements of the Act. Consequently, the application for approval was successful.

As a result of the decision, the Rintoul Pty Ltd (Site) Enterprise Agreement 2014-2018 was approved, and the terms and conditions set out in the agreement became legally binding between the employer and the employees covered by it. The court's decision provided clarity on the criteria for approval of enterprise agreements and reinforced the importance of good faith negotiations and adequate employee representation in the workplace.

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