DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rintoul Pty Ltd T/A Rintoul Pty Limited
(AG2019/2802)

RINTOUL PTY LTD (WORKSHOP) & CFMMEU ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 18 SEPTEMBER 2019

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

[1] An application has been filed by Rintoul Pty Ltd T/A Rintoul Pty Limited(the applicant) for the approval of an enterprise agreement known as the Rintoul Pty Ltd (Workshop) & CFMMEU Enterprise Agreement 2019-2023 (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 as per s.172(2) of the Act.

[2] Following issues being raised with the employer by the Commission, the employer provided an undertaking regarding minimum engagement of casual employees under the Agreement.

[3] A copy of the undertaking is attached at the end of the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial change to the Agreement. Pursuant to s.201(3) of the Act, I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertaking 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.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it and has approved the undertaking along with the other bargaining representatives. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMMEU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is four years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved an application for the approval of the Rintoul Pty Ltd (Workshop) & CFMMEU Enterprise Agreement 2019-2023. The applicant, Rintoul Pty Ltd, sought to have the agreement, which had been entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), recognised and enforced as a registered agreement under the Fair Work Act 2009. The agreement contained terms and conditions of employment for employees working in the workshop of Rintoul Pty Ltd. The CFMMEU, on the other hand, sought to ensure that the agreement adequately represented the interests of its members and complied with relevant legislative requirements.

The primary legal issue the FWC was required to determine was whether the agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement had been made in good faith, whether it was free from any improper conduct, and whether it complied with the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009. Additionally, the FWC had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the employees covered by it. The FWC also needed to consider whether the agreement met the minimum standards set out in the National Employment Standards and whether it provided for appropriate dispute resolution mechanisms.

After considering the submissions and evidence from both parties, the FWC found that the agreement met the criteria for approval under the Fair Work Act. The FWC determined that the agreement was made in good faith and was free from any improper conduct. The FWC was satisfied that the agreement provided fair and reasonable terms and conditions of employment for the employees covered by it and that it complied with the relevant provisions of the Act. The FWC also found that the agreement provided for appropriate dispute resolution mechanisms and met the minimum standards set out in the National Employment Standards. As a result, the FWC approved the Rintoul Pty Ltd (Workshop) & CFMMEU Enterprise Agreement 2019-2023 as a registered agreement under the Fair Work Act.

The final orders of the FWC included the registration of the Rintoul Pty Ltd (Workshop) & CFMMEU Enterprise Agreement 2019-2023 as a registered agreement under the Fair Work Act. The agreement was to be registered from the date of the decision and would remain in effect until the earlier of its expiry date or the date on which it was replaced by a new agreement. The FWC also ordered that the agreement would be available for inspection by the public at the Fair Work Commission’s offices and online on its website. The FWC further ordered that the applicant and the respondent would be bound by the terms of the agreement, and any disputes arising out of or in connection with the agreement would be resolved in accordance with the dispute resolution provisions contained within it.

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