DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivulis Irrigation Pty Ltd
(AG2018/7149)

RIVULIS IRRIGATION PTY LTD PRODUCTION CREW ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 16 APRIL 2019

Application for approval of the Rivulis Irrigation Pty Ltd Production Crew Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rivulis Irrigation Pty Ltd Production Crew Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rivulis Irrigation Pty Ltd. 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.

[3] The Agreement lodged contained an error at clause 35.5. On 11 April 2019 the Applicant filed an amended page 15 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2019. The nominal expiry date of the Agreement is 23 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Rivulis Irrigation Pty Ltd Production Crew Enterprise Agreement 2018. The applicant, Rivulis Irrigation Pty Ltd, sought to have the agreement, which contained provisions regarding employment terms and conditions for its production crew employees, formally approved by the Commission. The legal dispute arose as the applicant aimed to have the agreement recognised as a certified agreement under the Fair Work Act 2009, which would confer upon it certain benefits and protections, including protection from certain types of industrial action.

The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act. This involved assessing whether the agreement was appropriately made, if it was free from any illegality or unfairness, and if it provided for minimum entitlements and workplace rights. The Commission also needed to consider whether the agreement complied with the mandatory standards set out in the National Employment Standards, as well as other relevant federal awards and agreements.

In making its decision, the Fair Work Commission found that the Rivulis Irrigation Pty Ltd Production Crew Enterprise Agreement 2018 was appropriately made, free from any illegality or unfairness, and complied with the relevant minimum entitlements and workplace rights. The Commission determined that the agreement satisfied the necessary criteria for approval under the Fair Work Act. Consequently, the Commission granted the application and approved the agreement as a certified agreement. This decision meant that the agreement would now provide protection from certain types of industrial action and confer benefits upon the parties involved.

As a result of the Commission's decision, the Rivulis Irrigation Pty Ltd Production Crew Enterprise Agreement 2018 was approved and certified under the Fair Work Act. This meant that the agreement would now be recognised as a legally binding agreement between Rivulis Irrigation Pty Ltd and its production crew employees. The decision provided certainty and stability for both parties, as well as ensuring that the employees were protected by the minimum entitlements and workplace rights set out in the agreement.

Rivulis Irrigation 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