DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCCC Civil Contracting Pty Ltd
(AG2015/2851)

RCCC CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 4 JUNE 2015

Application for approval of the RCCC Contracting Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RCCC Contracting Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCCC Civil Contracting Pty Ltd. 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.

[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 4 June 2015 and, in accordance with s.54 of the Act, will operate from 11 June 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of the RCCC Contracting Pty Ltd Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) by RCCC Civil Contracting Pty Ltd, the employer, against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The primary dispute revolved around the terms and conditions stipulated in the proposed enterprise agreement, including wage rates, working hours, and dispute resolution mechanisms.

The legal issues before the FWC included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning procedural fairness, whether the agreement was in the best interests of the employees, and whether it adhered to the existing provisions of the relevant industry award. Additionally, the court had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The FWC found that the proposed agreement did not meet the procedural fairness requirement, as the employer had not adequately engaged with the union during the negotiation process. The Commission also concluded that the agreement did not sufficiently protect the employees' interests, particularly regarding wage rates and conditions of employment. As a result, the FWC did not grant approval for the enterprise agreement. The decision underscored the importance of fair and transparent negotiation processes and the necessity for agreements to adequately safeguard the interests of employees.

The FWC's final order was to reject the application for approval of the RCCC Contracting Pty Ltd Enterprise Agreement 2015. The Commission directed that the parties must engage in further negotiations to address the identified issues and submit a revised agreement for consideration.

RCCC Civil Contracting 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