Rivet Energy Pty Ltd
[2023] FWCA 90
•12 JANUARY 2023
| [2023] FWCA 90 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rivet Energy Pty Ltd
(AG2022/5290)
RIVET ENERGY PTY LTD / TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2022
| Road transport industry | |
| DEPUTY PRESIDENT O'NEILL | MELBOURNE, 12 JANUARY 2023 |
Application for approval of the Rivet Energy Pty Ltd / Transport Workers Union Enterprise Agreement 2022
Rivet Energy Pty Ltd has applied for approval of an enterprise agreement known as the Rivet Energy Pty Ltd / Transport Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
Clause 1.5 of the Agreement contained an error whereby the public holiday allowance definition read as “applicable base hourly rate x 7.6 hours x 6 days / 52 weeks.” The reference to “6 days” was intended to be “7 days” as evidenced by the supporting documentation lodged with the application. On 11 January 2023, the Employer filed an amended version of the Agreement with a correction to clause 1.5. Pursuant to s.586 of the Act, I am satisfied that the correction should be made and that it is appropriate to do so.
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 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) I note that the Agreement covers the organisation.
I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):
· Clause 4.4 – Compassionate Leave; and
· Clause 8.3– Casual Conversion.
However, noting the undertaking given by the Employer, 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 19 January 2023. The nominal expiry date of the Agreement is 31 July 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518842 PR749548>
Annexure A
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