RONDO BUILDING SERVICES PTY LTD NSW SITE FOURTEENTH ENTERPRISE BARGAINING AGREEMENT

Application for approval of the Rondo Building Services Pty Ltd NSW Site Fourteenth Enterprise Bargaining Agreement

[1] This decision concerns an application for approval of the Rondo Building Services Pty Ltd NSW Site Fourteenth Enterprise Bargaining Agreement (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Rondo Building Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[2] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant, The Australian Workers' Union (AWU) and the other bargaining representative concerning trainees. Clause 8.35 of the Agreement provides that the Company will evaluate opportunities to introduce an Apprentice Program during the term of this Agreement and that any Apprentices employed by the Company will be covered by this Agreement. The concern is that the Agreement does not appear to provide wage rates for Apprentices. This gives rise a BOOT concern because it would appear to mean that any Apprentices would receive the award rate of pay. The Applicant proposed an undertaking to meet this concern. The Commission sought the views of the AWU and the other bargaining representatives. The AWU confirmed that it had reviewed the undertaking and did not wish to be heard. The other bargaining representatives did not express a view. I accept the undertaking. In particular, I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. I am satisfied of those matters because the effect of the undertaking is that any Apprentices will be paid a wage rate that is greater than the wage rate they would otherwise receive under the relevant modern award. A copy of the undertaking is attached at Annexure A of this decision.

[3] Based on the material provided by the Applicant and the AWU, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[4] Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter that is relevant to this application is section 201(2) of the FW Act. The Australian Workers' Union, which was a bargaining representative for the Agreement, has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers The Australian Workers' Union. The second such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 12 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

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