Riverina Plaster Works Pty Ltd Summary

[2024] FWCA 728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Riverina Plaster Works Pty Ltd

(AG2023/5547)

RIVERINA PLASTER WORKS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2024

Application for approval of the Riverina Plaster Works Pty Ltd Enterprise Agreement 2023

Riverina Plaster Works Pty Ltd applies under s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Riverina Plaster Works Pty Ltd Enterprise Agreement 2023 (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.

Clauses 39.1(c), (e) and (i) (Termination of employment) are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.1 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 4 March 2024. The nominal expiry date of the Agreement is 4 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Riverina Plaster Works Pty Ltd, sought approval of the Riverina Plaster Works Pty Ltd Enterprise Agreement 2023 from the Fair Work Commission. The applicant is an employer, and the respondent is a trade union representing the employees. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement, which was intended to regulate the terms and conditions of employment for the employees.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for the fair and efficient resolution of workplace disputes, contained appropriate terms for minimum wages and conditions, and complied with the procedural requirements set out in the legislation. Additionally, the court had to consider the views of the parties involved and any relevant public interest factors.

The Fair Work Commission carefully reviewed the terms of the enterprise agreement, considering the submissions from both parties and the broader public interest. The Commission found that the agreement provided adequate mechanisms for the fair and efficient resolution of workplace disputes, contained terms that met or exceeded the minimum standards prescribed by the Fair Work Act, and adhered to the necessary procedural requirements. The Commission also noted the cooperative efforts of the parties during the negotiation process, which contributed positively to the agreement's approval.

Consequently, the Fair Work Commission approved the Riverina Plaster Works Pty Ltd Enterprise Agreement 2023, determining that it met all statutory requirements for endorsement. The court directed that the agreement would be applicable to the employees from the date of approval, ensuring that the terms and conditions of employment were legally compliant and effective.

Riverina Plaster Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established