DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivet Energy Pty Ltd
(AG2018/5821)

RIVET ENERGY PTY LTD / TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 1 APRIL 2019

Application for approval of the Rivet Energy Pty Ltd / Transport Workers Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rivet Energy Pty Ltd / Transport Workers Union Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rivet Energy Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 March 2019.

[3] On 25 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 26 March 2019. The undertaking deals with the following topics:

• For the purposes of Appendix A Relevant Rates and Allowances, the Applicant to apply the following in addition:

“The Training Rate of $29.00 per hour will be escalated (in accordance with the rates) by 2.5% in July 2019 and July 2020 and an additional 3% in July 2021.

For employees engaged as Road Train Operators the training rate will be $30.00 per hour on commencement of the Agreement and increase as per rate increases.”

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Transport Workers’ Union of Australia (TWU)”, 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.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Rivet Energy Pty Ltd applied for the approval of the Rivet Energy Pty Ltd / Transport Workers Union Enterprise Agreement 2018. The Transport Workers Union is the relevant union for the employees of Rivet Energy Pty Ltd. The agreement was entered into in accordance with the Fair Work Act 2009 and was made on 15 April 2018. The Commission was required to decide whether the agreement met the requirements of section 233 of the Act.

The legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it contained the required mandatory terms, and whether it was in the best interests of the employees. The agreement contained a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The Commission considered whether these terms were consistent with the mandatory terms set out in the Fair Work Act, and whether the agreement provided for the fair and reasonable treatment of employees.

The Commission found that the agreement was a bona fide enterprise agreement and contained the required mandatory terms. The Commission was satisfied that the agreement was made without the influence of any improper conduct, and that the parties had genuinely negotiated the terms of the agreement. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections, including provisions for dispute resolution and the establishment of a superannuation fund.

The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the provision of shift allowances. The final orders of the Commission included the approval of the agreement, with the modifications, and the setting aside of the application for the approval of a different enterprise agreement that had been entered into by the parties on 15 April 2018.

Rivet Energy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established