Rls (Wa) Pty Ltd Trading AS Rigsafe Wa

[2025] FWCA 1495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rls (Wa) Pty Ltd Trading AS Rigsafe Wa

(AG2025/1065)

RLS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2025

Application for approval of the RLS Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the RLS Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by RLS (WA) Pty Ltd Trading As Rigsafe WA. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement does not have a delegates’ rights terms as required under s 205A of the Act. I intend to insert a copy of the delegates rights term as found under clause 36A of the Award (as defined in the Agreement) in accordance with clause 5.3(a) of the Agreement.

Clause 21.3 of the Agreement causes ambiguity as it does not expressly include s 104(1)(b) and (c) of the Act in the meaning of ‘permissible occasions’. Clause 21.3 will be read in conjunction with clause 21.2 of the Agreement and s 104(1)(b) and (c) of the Act in accordance with clause 5.3(a) of the Agreement.

Clause 6.18 of the Agreement may be viewed as more restrictive than s 66AAB of the Act. If clause 6.18 will be read in conjunction with s 66AAB of the Act in accordance with clause 5.3(a) of the Agreement if it is found to be more restrictive.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 May 2025. The nominal expiry date of the Agreement is 5 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rls (Wa) Pty Ltd trading as Rigsafe Wa, the Fair Work Commission was asked to approve an enterprise agreement for the 2025 period. The application for approval was brought by the employer, which sought to implement changes to the existing agreement that were intended to address certain operational efficiencies and workforce flexibility. The applicant argued that the proposed changes would benefit both the company and its employees by providing a more adaptable and cost-effective workplace.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were in accordance with the requirements of the Fair Work Act 2009, including whether they provided for fair and reasonable terms and conditions. The Commission had to consider the impact of the proposed changes on employees, particularly in relation to pay, hours of work, and other conditions, as well as whether the agreement included adequate mechanisms for resolving disputes.

The Commission determined that the proposed changes to the enterprise agreement met the statutory criteria for approval. The changes were found to be fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. The Commission also noted that the agreement included provisions for the resolution of disputes, which were deemed adequate. As such, the Commission approved the enterprise agreement, allowing the changes to come into effect from the specified date.

The final orders of the Commission included the approval of the RLS Enterprise Agreement 2025, with the changes to be implemented as per the agreement. The Commission also directed that the new agreement be registered and notified to all relevant parties in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established