Application for approval of the Ri-Industries Enterprise Bargaining Agreement 2025-2029

[1] An application has been made for approval of an enterprise agreement known as the Ri-Industries Enterprise Bargaining Agreement 2025-2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ri-Industries Developments 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, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a minor difference in the title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

[5] Clause 4 of the Agreement provides that the Agreement shall operate 'from the date of certification by the Fair Work Commission and will remain in force for a period of four (4) years.' I note that pursuant to s.54 of the Act, the Agreement will operate 7 days after approval by the Commission. Additionally, pursuant to s.186(5) of the Act, the nominal expiry date of the Agreement will not be more than 4 years after the day on which the Commission approves the Agreement.

[6] I observe that clause 13 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above and clause 5 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.

[7] Pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] I observe clause 26 of the Agreement incorporates the workplace delegates' rights term from the Concrete Products Award 2020 [MA000056]. I note that the workplace delegates' rights term prescribed by the Award is taken to be a term of the Agreement.

[9] The Agreement is approved and in accordance with s.54, will operate from 2 June 2025. The nominal expiry date of the Agreement is 26 May 2029.

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