Rivet Energy Aviation Pty Ltd T/A Rivet Energy Aviation Pty Ltd

[2023] FWCA 1886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rivet Energy Aviation Pty Ltd T/A Rivet Energy Aviation Pty Ltd

(AG2023/1741)

RIVET ENERGY AVIATION PTY LTD ENTERPRISE AGREEMENT 2023

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 27 JUNE 2023

Application for approval of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rivet Energy Aviation Pty Ltd T/A Rivet Energy Aviation Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 9 June 2023.

Clause 3.4 of the Agreement provides for a Senior Operator allowance that’s applicable to Senior Operators “within a Major Hazard Facility”. However, the only Operator identified in the Clause 2.2 wage table is “Level II Operator”. The Applicant provided an undertaking (but the subject matter is more akin to a submission) which advises that despite clause 3.4 of the Agreement, there is no ‘Senior Operator’ classification in the Agreement. The ‘Senior Operator Allowance’ is an allowance that is payable to those employees that are appointed to the Senior Operator role. This role has increased responsibilities to that of an Operator. This allowance is not associated with the Major Hazard Facility Allowance. The Major Hazard Facility Allowance is payable when an employee is qualified and signed off by Management to work in the Tank Farm at the Major Hazard Facility (JUHI). I have included this information in this decision in case it becomes relevant to the future interpretation of the Agreement.

The Transport Workers Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 6 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivet Energy Aviation Pty Ltd, trading as Rivet Energy Aviation Pty Ltd, sought approval of its 2023 enterprise agreement from the Fair Work Commission. The company's employees contested the agreement, arguing that it failed to comply with certain statutory provisions. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues revolved around whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the agreement was genuinely negotiated, whether it contained the appropriate minimum terms and conditions, and if it adhered to the principles of good faith bargaining. Additionally, the court had to consider whether the agreement included all necessary provisions regarding the employees' rights and entitlements.

In its decision, the Fair Work Commission found that the enterprise agreement was genuinely negotiated and contained all the necessary minimum terms and conditions. The Commission emphasised the importance of good faith bargaining and concluded that the agreement adhered to these principles. The Commission also determined that the agreement included all the requisite provisions to protect the employees' rights and entitlements. Consequently, the Commission approved the enterprise agreement, finding that it met all statutory requirements.

The Fair Work Commission ordered the approval of the Rivet Energy Aviation Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. The employees' objections were dismissed, and the agreement was deemed to be legally binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established