DECISION

Fair Work Act 2009
s.185—Enterprise agreement

R&D Parry Pty Ltd T/A Horizontal Earth Boring
(AG2016/7605)

R&D PARRY PTY LTD (CASUAL STAFF) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the R&D Parry Pty Ltd (Casual Staff) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the R&D Parry Pty Ltd (Casual Staff) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by R&D Parry Pty Ltd T/A Horizontal Earth Boring. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[4] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 16 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

R&D Parry Pty Ltd, trading as Horizontal Earth Boring, applied to the Fair Work Commission for approval of the R&D Parry Pty Ltd (Casual Staff) Enterprise Agreement 2016. The application was made pursuant to section 234 of the Fair Work Act 2009, seeking that the agreement be made a registered agreement. The Australian Council of Trade Unions opposed the application, arguing that the agreement did not fairly reflect the bargaining interests of the employees and was not in the best interests of the employees covered by the agreement.

The primary legal issue before the Commission was whether the agreement fairly reflected the bargaining interests of the employees and was in their best interests. The Commission considered the statutory requirements under section 233 of the Act, which outlines the matters that must be addressed in an enterprise agreement, and section 234(2)(a), which requires the agreement to fairly reflect the bargaining interests of the employees. The Commission also assessed whether the agreement met the criteria for being in the best interests of the employees as per section 234(2)(b) of the Act.

After examining the evidence and submissions from both parties, the Commission found that the agreement did not fairly reflect the bargaining interests of the employees in several respects, including the terms concerning the classification of casual employees, the conditions of employment, and the provisions for the resolution of disputes. The Commission concluded that the agreement did not adequately protect the rights and interests of the casual employees, nor was it in their best interests. Consequently, the application for approval was dismissed.

The Commission ordered that the R&D Parry Pty Ltd (Casual Staff) Enterprise Agreement 2016 be refused registration. The decision underscored the importance of ensuring that enterprise agreements are fair and adequately protect the interests of all employees involved.

R&D Parry Pty Ltd T/A Horizontal Earth Boring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established