Rz Net Pty Ltd T/A Rz Net Pty Ltd Summary

[2023] FWCA 341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rz Net Pty Ltd T/A Rz Net Pty Ltd

(AG2022/5603)

RZ NET PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2023

Application for approval of the RZ Net Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the RZ Net Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rz Net Pty Ltd T/A Rz Net Pty Ltd. 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 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. 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 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 11 – termination of employment
· Clause 12(b) - redundancy

However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2023. The nominal expiry date of the Agreement is 3 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the RZ Net Pty Ltd Enterprise Agreement 2022. RZ Net Pty Ltd, trading as RZ Net Pty Ltd, sought the approval of the enterprise agreement, which it had negotiated with its employees. The nature of the dispute involved the procedural fairness of the negotiation process and whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement was made in accordance with the statutory requirements and processes outlined in the Fair Work Act. This included examining the process of employee consultation and whether the agreement met the criteria for being considered "in the best interests of the employees." The Commission also needed to determine if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and whether it complied with the relevant provisions of the Fair Work Act.

In its reasoning, the Commission first examined the negotiation process and the steps taken by RZ Net Pty Ltd to ensure procedural fairness. It considered the evidence of consultation with employees and the efforts made to secure employee representation. The Commission found that the negotiation process was generally fair and that the agreement reflected a genuine attempt to reach a consensus. Regarding the substantive provisions of the agreement, the Commission assessed whether they met the criteria for being in the best interests of the employees, considering factors such as wages, working conditions, and other employment terms. The Commission concluded that the agreement was consistent with the statutory requirements and served the interests of the employees. It further found that the agreement complied with all relevant provisions of the Fair Work Act and did not contravene any provisions of the Fair Work (Registered Organisations) Act.

The Fair Work Commission approved the RZ Net Pty Ltd Enterprise Agreement 2022, determining that it was made in accordance with the Fair Work Act and met all necessary criteria for approval. The agreement was deemed to be in the best interests of the employees and was consistent with the relevant provisions of the Act.

Rz Net Pty Ltd T/A Rz Net Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established