DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Rix Group Pty Ltd T/A The Rix Group Pty Ltd
(AG2019/3884)

THE RIX GROUP PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Rix Group Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Rix Group Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Rix Group Pty Ltd T/A The Rix Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 20 November 2019 and, in accordance with s.54, will operate from 27 November 2019. The nominal expiry date of the Agreement is 20 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by The Rix Group Pty Ltd, trading as The Rix Group Pty Ltd, for approval of its Enterprise Agreement 2019 - 2023. The application was made under section 232 of the Fair Work Act 2009, and the Commission was required to determine whether the agreement met the requirements for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The legal issues that the Commission needed to address included whether the agreement satisfied the "better off overall test," ensuring that employees were not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement complied with the "good faith" requirement, meaning that it was negotiated in good faith and provided for the protection of employees' rights and interests. The Commission also needed to consider whether the agreement included all the mandatory terms prescribed by the Fair Work Act and if it met the procedural requirements for approval.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement met the better off overall test, as the evidence demonstrated that the employees were, on balance, better off under the new agreement. It was also satisfied that the agreement was negotiated in good faith and that it complied with all the mandatory terms prescribed by the Fair Work Act. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was in line with the statutory requirements. Consequently, the Commission approved the Rix Group Pty Ltd Enterprise Agreement 2019 - 2023.

The Fair Work Commission approved the Rix Group Pty Ltd Enterprise Agreement 2019 - 2023, confirming that it met the statutory requirements for approval under the Fair Work Act. This decision provides legal certainty for both The Rix Group Pty Ltd and its employees, ensuring that the terms and conditions of employment are fair and reasonable.

The Rix Group Pty Ltd T/A The Rix Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established