Rls (Wa) Pty Ltd T/A Rigsafe Wa - [2025] FWC 448

[2025] FWC 448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Rls (Wa) Pty Ltd T/A Rigsafe Wa

(AG2024/3196)

RLS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 14 FEBRUARY 2025

Application for approval of the RLS Enterprise Agreement 2024

Introduction

An application has been made by RLS (WA) Pty Ltd (RLS) for approval of an enterprise agreement known as the RLS Enterprise Agreement 2024 (the Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the Agreement if the requirements in ss. 186 and 187 of the Act are met

The Construction, Forestry and Maritime Employees Union (CFMEU) opposes the application. The union’s opposition is on the basis that the requirement in s186(2)(a) that the Commission be satisfied that the Agreement was genuinely agree to by the employees covered by it cannot be met. The union contends that the requirement cannot be met on three bases. First, RLS did not provide each employee with a notice of representational rights (NERR). Second, RLS misled the employees about their representational rights. Third, RLS did not take all reasonable steps to explain its terms.

The objection was the subject of a hearing. At the hearing RLS relied on a declaration filed with the application of Ms Tanya Fitzgerald, Business Manager and a witness statement of Ms Fitzgerald as well as a witness statement of Mr Stephen Mitchell, Senior Supervisor. Ms Fitzgerald and Mr Mitchell were cross examined. The CFMEU relied on witness statements of Mr Rhys Cardinal, Legal Assistant employed by the CFMEU, Mr Samual Beeton, Rigging Supervisor, and Mr Nikola Kursar who was employed by RLS as a Rigger. Each of the CFMEU witnesses was cross examined.

I will deal first with the related objections that go to the provision of the NERR and RLS misleading the employees about their representational rights.

Background

Ms Fitzgerald holds the role of Business Manager for RLS. Ms Fitzgerald’s evidence described the bargaining process associated with the Agreement which commenced on 11 July 2024 when RLS notified employees that there would be a toolbox meeting at the company’s new yard at 1.00 pm on 12 July 2024. Attendance was said to be compulsory. The notification did not state the purpose of the meeting.

Fifty one employees attended the 12 July 2024 meeting. This was most, but not all RLS’s employees. There was some contest in the evidence about what happened at the meeting. Ms Fitzgerald confirmed that the employees were not told prior to the meeting about the company’s proposal to bargain for an enterprise agreement.

Ms Fitgerald’s witness statement gave a brief description of the meeting. She said that while the purpose of the meeting was to discuss bargaining for a new agreement the meeting commenced with discussions on other employee related…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] FWC 448
Decision Date: 14 FEBRUARY 2025

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Rls (Wa) Pty Ltd, trading as Rigsafe WA, for approval of the RLS Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, seeking approval for the proposed enterprise agreement which aimed to govern the employment terms and conditions of the company's employees. The nature of the dispute centred around whether the proposed agreement complied with the legal requirements for enterprise agreements, particularly the provisions relating to minimum entitlements and the avoidance of adverse action against employees for the purpose of testing the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act. This involved assessing if the agreement contained the required minimum entitlements, provided for the fair treatment of employees, and did not unfairly discriminate or disadvantage any class of employee. Additionally, the Commission had to determine if the agreement was made in good faith and if it complied with the procedural requirements for its negotiation and approval.

In delivering its decision, the Fair Work Commission examined the contents of the proposed agreement in detail. The Commission noted that the agreement provided for terms and conditions that met or exceeded the minimum entitlements prescribed by the relevant industrial instruments. The Commission also found that the agreement was negotiated in good faith and that there was no evidence of any adverse action taken against employees. Given these findings, the Commission concluded that the proposed enterprise agreement was compliant with the requirements of the Fair Work Act and approved the RLS Enterprise Agreement 2024. The decision was made in the interest of promoting harmonious, productive, and cooperative workplace relations.

Orders