DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rintoul Pty Ltd T/A Rintoul Pty Limited
(AG2019/2862)

RINTOUL PTY LTD (SITE) ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2019

Application for approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Rintoul Pty Ltd (Site) Enterprise Agreement 2019 - 2023 (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 Pty Limited. The Agreement is a single enterprise agreement.

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

[3] I observe that clauses 9.2.4 & 9.6.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 24 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2019-2023. The applicant, Rintoul Pty Ltd, sought the endorsement of the agreement which outlined the terms and conditions of employment for its employees. The dispute centred around the procedural fairness and the overall fairness of the agreement, including matters such as wage rates, working conditions, and dispute resolution mechanisms. The Commission was tasked with assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was made in good faith.

The legal issues that the Commission had to address included whether the enterprise agreement was made without undue influence or coercion, if it contained all the mandated terms and conditions, and if it complied with the provisions of the Fair Work Act. Additionally, the Commission needed to determine whether the agreement was negotiated in good faith and if it was made without any procedural unfairness. The fairness of the terms and conditions themselves, including wages and other benefits, was also a critical aspect of the review.

In its decision, the Fair Work Commission considered the evidence presented by both parties and the provisions of the Fair Work Act. The Commission found that the enterprise agreement was made without coercion and undue influence and contained all the mandated terms and conditions. It was concluded that the agreement was negotiated in good faith and there was no procedural unfairness. The Commission also found that the terms and conditions of the agreement were fair and reasonable, taking into account the nature of the business, the bargaining positions of the parties, and the overall economic climate. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was the approval of the Rintoul Pty Ltd (Site) Enterprise Agreement 2019-2023. This decision ensures that the agreement is legally binding and enforceable for the duration of its term. The approval signifies that the agreement meets the requirements of the Fair Work Act and provides a fair and reasonable framework for the employment relationship between Rintoul Pty Ltd and its employees.

Rintoul Pty Ltd T/A 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