RL Industries Pty Ltd T/A RL Industries

[2020] FWCA 1472

[2020] FWCA 1472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RL Industries Pty Ltd T/A RL Industries
(AG2020/611)

RL INDUSTRIES GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MARCH 2020

Application for approval of the RL Industries Greenfields Agreement.

[1] An application has been made for approval of a greenfields agreement known as the RL Industries Greenfields Agreement (the Agreement). The application was made by RL Industries Pty Ltd T/A RL Industries pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that Clause 7.11 (f) is inconsistent with the National Employment Standards as it indicates that a majority of affected employees and the employer can agree to substitute a nominated public holiday for another day. Given the National Employment Standards precedence clause at clause 2.5 (b) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 March 2020. The nominal expiry date of the Agreement is 18 March 2024.

DEPUTY PRESIDENT

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