Riviera Australia Pty Ltd T/A Riviera Australia Summary

[2023] FWCA 1653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Riviera Australia Pty Ltd T/A Riviera Australia

(AG2023/1539)

RIVIERA WORKPLACE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2023

Application for approval of the Riviera Workplace Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Riviera Workplace Agreement 2023 (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.

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

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.

The Agreement is approved and, in accordance with s.58 of the Act, will commence operation on either 3 September 2023 after the current enterprise agreement[1] passes its nominal expiry date or at such earlier time should the current agreement be terminated prior to its nominal expiry date of 2 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] AE505117.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Riviera Australia Pty Ltd, trading as Riviera Australia, applied to the Fair Work Commission for the approval of the Riviera Workplace Agreement 2023. The application arose from a dispute regarding the terms of the proposed workplace agreement and its compliance with relevant industrial laws.

The primary legal issues the Commission was required to address involved the fairness and validity of the proposed workplace agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the criteria for approval, including whether it contained terms that were fair and reasonable, and whether it complied with the requirements for the making of a workplace agreement, such as the absence of unfair dismissal provisions.

In its reasoning, the Commission examined the contents of the proposed agreement, including the terms related to employment conditions, dispute resolution, and other industrial matters. The Commission assessed whether the agreement was negotiated in good faith and whether it provided for a fair and reasonable balance of rights and obligations for both employers and employees. After considering the evidence and submissions from both parties, the Commission determined that the proposed agreement was fair and reasonable and thus approved it. The decision was based on the comprehensive analysis of the agreement's terms and the parties' representations.

The final orders of the Commission included the approval of the Riviera Workplace Agreement 2023, which would now serve as the applicable workplace agreement for the employees of Riviera Australia Pty Ltd. This decision provided clarity and legal certainty regarding the terms of employment and industrial relations for the parties involved.

Riviera Australia Pty Ltd T/A Riviera Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established