DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCA Civil Operations Pty Ltd
(AG2017/3301)

RCA CIVIL OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2017-2021

Road transport industry
COMMISSIONER MCKINNON	MELBOURNE, 13 NOVEMBER 2017

Application for approval of the RCA Civil Operations Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the RCA Civil Operations Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCA Civil Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2017. The nominal expiry date of the Agreement is 12 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RCA Civil Operations Pty Ltd, the Fair Work Commission was asked to consider the approval of the Enterprise Agreement 2017-2021. The application was made by the employer, who sought to have the agreement recognised and enforceable under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The Commission was tasked with ensuring that the agreement complied with the statutory requirements and was fair and reasonable in all its aspects.

The legal issues that the Commission had to resolve included whether the agreement met the statutory prerequisites for approval, such as the proper bargaining process, and whether the terms of the agreement were fair and reasonable. This involved assessing the agreement against the provisions of the Fair Work Act, including the requirement for genuine agreement, and considering whether the agreement was free from any elements that would render it unfair. The Commission also had to determine if the agreement complied with the better off overall test, which assesses whether the agreement would provide employees with a benefit on the whole that is no less favourable than their previous conditions of employment.

After examining the evidence and submissions, the Commission found that the agreement had been made through a process of genuine agreement and was fair and reasonable. The Commission concluded that the agreement met all the statutory requirements for approval and was in accordance with the better off overall test. The Commission approved the Enterprise Agreement 2017-2021, making it legally binding between the parties from the date of the decision. The employer was directed to take all necessary steps to bring the agreement to the attention of all employees and to ensure its implementation.

RCA Civil Operations 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