Rivet Energy Pty Ltd

[2019] FWCA 2149

[2019] FWCA 2149

FAIR WORK COMMISSION

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

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