Riviera Australia Pty Ltd T/A Riviera Australia

[2019] FWCA 6144

[2019] FWCA 6144

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riviera Australia Pty Ltd T/A Riviera Australia
(AG2019/1465)

RIVIERA WORKPLACE AGREEMENT 2019

Maritime industry
COMMISSIONER JOHNS	SYDNEY, 3 SEPTEMBER 2019

Application for approval of the Riviera Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Riviera Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riviera Australia Pty Ltd T/A Riviera Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that Clause 30 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting Clause 4.2 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.

[6] On 7 May 2019, the Construction, Forestry, Maritime, Mining and Energy Union (formally known as The Maritime Union of Australia), requested copies of the Form F16, Form F17, Notice of Employee Representational Rights and Agreement, which was provided to them on 8 May 2019.

[7] On 28 August 2019, further correspondence was sent to the Construction, Forestry, Maritime, Mining and Energy Union indicating the Commissioner was of the view to approve the agreement and seeking confirmation if the union wish to oppose the approval. To date, no response has been provided by the union.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 2 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505117  PR711984>

Annexure A