Rintoul Pty Ltd T/A Rintoul

[2024] FWCA 2837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rintoul Pty Ltd T/A Rintoul

(AG2024/2719)

RINTOUL PTY LTD (WORKSHOP) & CFMEU ENTERPRISE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 5 AUGUST 2024

Application for approval of the Rintoul Pty Ltd (Workshop) & CFMEU Enterprise Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement known as the Rintoul Pty Ltd (Workshop) & CFMEU Enterprise Agreement 2023 - 2027 (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 Ltd T/A Rintoul. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2024. The nominal expiry date of the Agreement is 5 August 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Rintoul Pty Ltd, trading as Rintoul, applied for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The proposed agreement, titled "Rintoul Pty Ltd (Workshop) & CFMEU Enterprise Agreement 2023 - 2027," aimed to govern the terms and conditions of employment for the employees of Rintoul Pty Ltd. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. Specifically, the Commission needed to determine whether the agreement was made in good faith, if it included appropriate mechanisms for dispute resolution, and whether it adhered to the provisions concerning minimum wages and other entitlements. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission found that the agreement was made in good faith and included adequate dispute resolution mechanisms. The proposed terms were also scrutinised for compliance with minimum wage and other employment standards. After thorough examination, the Commission determined that the agreement met all necessary requirements and was in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, acknowledging its fair and balanced nature.

No specific final orders were issued as the approval of the agreement was the primary outcome of the decision. The approved agreement will now govern the employment terms of Rintoul Pty Ltd employees for the period 2023 to 2027, subject to the legal framework provided by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established