The Rix Group Pty Ltd

[2024] FWCA 3378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Rix Group Pty Ltd

(AG2024/3329)

THE RIX GROUP PTY LTD ENTERPRISE AGREEMENT 2024 – 2028

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 26 SEPTEMBER 2024

Application for approval of The Rix Group Pty Ltd Enterprise Agreement 2024 – 2028

The Rix Group Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the The Rix Group Pty Ltd Enterprise Agreement 2024 – 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Regulation 2.06A Requirements

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (FW Regulations). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive the irregularity in the form or manner in which the application was made and do so pursuant to s.586(b) of the FW Act.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 3 October 2024. The nominal expiry date of the Agreement is 26 September 2028.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were The Rix Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the application for approval of an enterprise agreement between the parties, which was proposed to cover the period from 2024 to 2028. The case was heard in the Fair Work Commission. The legal issues the court needed to address were primarily whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement. Specifically, the court had to examine if the agreement provided fair and reasonable terms and conditions of employment, and if it was in the best interest of the employees.

The Fair Work Commission reviewed the application and found that the proposed agreement did indeed comply with the statutory requirements. The agreement provided for terms and conditions that were fair and reasonable, and the commission was satisfied that it was in the best interest of the employees. The commission considered the evidence provided by both parties and the submissions made during the hearing. It determined that the proposed agreement offered employees a fair balance of benefits and obligations, and that it was likely to improve the overall conditions of employment. The commission was also satisfied that the agreement met the "better off overall" test, as it provided for a fair and reasonable improvement in the terms and conditions of employment for the majority of the employees.

Consequently, the Fair Work Commission approved the application for the proposed enterprise agreement. The agreement will now be binding on the parties and will govern the terms and conditions of employment for the specified period. This decision ensures that the agreement will provide a fair and reasonable framework for the employment relationship between The Rix Group Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union, while also meeting the statutory requirements under 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